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(영문) 의정부지방법원 2017.06.15 2016고정1418
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

Defendants shall be punished by a fine of KRW 1,000,000 (one million).

The Defendants did not pay the above fine.

Reasons

Punishment of the crime

Defendants, F, and G are those who claim the right of retention on the I building in Namyang-si, the victim H.

1. Joint crimes between the Defendants, F, and G

A. From October 20, 2015, Defendants in violation of the Punishment of Violences, etc. Act (joint residential intrusion) entered the 102 unit of “I building” without the victim’s permission in order to replace the door “I building” with their own by combining F and G around 18:39 around October 20, 2015. (b) Defendants in violation of the Punishment of Violences, etc. Act (joint property damage) jointly with F and G into the 102 unit of “I building”, around 18:39 around October 20, 2015, up to 102 unit of “I building”, Defendant B, D, F, G’s contact equipment and drickter, etc., damaged the front door of 101, 102, 201, 202, 202, 202, 301, 301, and 301, the front door of the CCTV was installed to change the front door.

2. The Defendants jointly committed the crime of Defendant A and Defendant C entered the said building on the said date, time, place, the Victim J and K into the said building, and assaulted the Victim K by scam in their own hand to prevent the above act of damaging property.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Statement made by the witness H in the third public trial records;

1. Statement made by the witness K in the fourth public trial protocol;

1. Written Statement;

1. Application of CCTV image and file-related Acts and subordinate statutes;

1. 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 shall apply), Article 319(1) of the Criminal Act, and the Punishment of Violences, etc. Act.

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