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(영문) 의정부지방법원 2017.04.27 2016고정1110
폭력행위등처벌에관한법률위반(공동주거침입)
Text

Defendant

A shall be punished by a fine of KRW 500,00, and a fine of KRW 700,000. Defendant C shall be punished by a fine of KRW 300,00.

Reasons

Punishment of the crime

The Defendants were the people living in the E Apartment 112 Dong 2301 and the victims F and the victims G were the persons living in the above apartment 112 Dong 2401, and the Defendants and the victims were the victims were the victims of noise problems.

피고인들은 2015. 5. 31. 20:00 경 위 피해자들의 아파트에서 쿵쿵거리는 소리가 난다는 이유로 위 아파트로 찾아가 현관문 밖에서 피해자 G과 서로 욕설을 하면서 말다툼을 하던 중 위 G이 보안업체 직원에게 아파트 안에 깔아 둔 매트 상태를 보여주겠다고

At the same time, he entered the apartment house and opened the door door and entered the apartment department of the victims.

Accordingly, the defendants jointly invaded the victims' residence.

Summary of Evidence

1. Entry of the defendant A's partial statement in the first trial record;

1. Each statement of the witness G and F in the second public trial records;

1. The legal statement of the witness H in part;

1. The 112 Report Processing Statement [the Defendants and defense counsel entered the apartment house of the victims after obtaining consent from the victims at the time of the instant case, and Defendant B and Defendant C did not enter the front house.

The argument is asserted.

However, the circumstances acknowledged by the evidence duly adopted and examined by the court, i.e., the victim G, at the time of the instant case, was included in the investigative agency and the court below’s exclusion from the front cell of the apartment without the consent of the victims.

It is specifically and consistently stated, ② The current apartment door of the victims is the structure to close the victims at a low level, and H employees of the security enterprise dispatched to the apartment house of the victims at the time were in a serious dispute between the Defendants and the victims in this court.

There is no dispute as to the part that Defendant A and the above H entered into the apartment of the victims.

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