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(영문) 대전지방법원 천안지원 2017.02.02 2016고정329
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

Defendants shall be punished by a fine of KRW 1,500,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

The Defendants are the lessees of the first floor of the building in the Nam-gu, Nam-gu, Dong-gu, Seoul, and the victim F transferred the first floor of the building from the Defendants on October 5, 2014 to the "G restaurant" and the residence. The Defendants and the victims have arbitrarily reported the closure of the business of the above restaurant as of May 15, 2015, while the disputes were continued due to the change in the name of the operator of the above restaurant.

1. On July 15, 2015, the Defendants violated the Punishment of Violences, etc. Act (joint residential intrusion) opened a restaurant entrance to the victim’s residence without the consent of the other victim, in front of the entrance door of the above “G restaurant” where the victim was in use as a residence, and without the consent of the other victim, Defendant B opened the restaurant entrance to make the victim enter the restaurant through the window located on the front side of the above restaurant, and Defendant A intruded the victim’s residence through the above entrance.

Accordingly, the Defendants jointly intruded upon the victim’s residence.

2. Defendants in violation of the Punishment of Violences, etc. Act (damage, etc. to joint property) enter the victim’s residence at the time and place specified in paragraph (1), and after entering the victim’s residence in the same manner as described in paragraph (1), Defendant A changed the entrance door door password so that the victim does not enter the victim’s residence. Defendant B damaged its utility by changing the password of the market price, which is the market price fixed on the entrance, of the victim’s possession.

Accordingly, the defendants jointly damaged the victim's property.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Each legal statement of witness F and H;

1. Application of statutes on images of on-site photographs;

1. The Defendants: Article 2(2) and Article 2(1)1 of the former Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016; hereinafter the same) regarding criminal facts; Article 319 of the Criminal Act.

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