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(영문) 광주지방법원 2018.05.08 2018고정8
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

In addition, the victim D(33) was aware that the victim D(33) was simultaneously with the defendant and C, and the victim was shotd, and he conspiredd to enter the victim's house to incidental things.

1. Joint crimes committed by the defendant and C;

A. From September 30, 2017, Defendant C violated the Punishment of Violences, etc. Act (joint residential intrusion) and around 03:15 on September 30, 2017, Defendant C came to front of the victim’s house in Gwangju-gu E 603 Dong 1302, and C entered the entrance and exit of the entrance door, which was known in advance.

Accordingly, the defendant and C violated the victim's residence jointly.

B. The Defendant who damaged special property, C, at the same time and place as paragraph 1-A, and C, at the bottom of the floor, destroyed two strings by putting up two strings on the floor, breaking up TV strings by drinking, and the Defendant damaged the floor, glass windows, etc. of the living room, which are owned by the victim with the kitchen 29cm (29cm in total length), which is a dangerous thing in the kitchen (20cm in total length), and a household (20cm in total length), which is a dangerous thing in the kitchen, and put a string of the strings, such as a cleaning machine, continuously put the strings on the floor.

As a result, Defendant and C conspired to carry dangerous goods and damaged the property owned by the victim of approximately KRW 2,1190,000 of the market price.

2. The Defendant’s special intimidation, at the same time, at the same place as paragraph 1(a) and at the same time and place as that of paragraph 1(a), was damaged by the kitchen knife with the kitchen knife, and the victim was able to enter the house, “the string of the death and the string of the kitchen, which is a dangerous thing, was

Accordingly, the defendant carried dangerous objects and threatened the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect with regard to C;

1. Statement made by the police against D;

1. Photographs of damaged articles;

1. A list of damaged commodities;

1. Photographs;

1. Details of the Kakao Stockholm dialogue;

1. Application of Acts and subordinate statutes to a report on investigation (specific amount of damage);

1. Article 2 subparag. 1 of the Punishment of Violences, etc. Act and Article 2 subparag. 2 of the Criminal Act concerning facts constituting an offense.

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