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(영문) 서울북부지방법원 2020.11.18 2020고정1018
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

The sentence of sentence against the defendant shall be suspended.

Of the facts charged in the instant case, a prosecution against the remaining assault is instituted.

Reasons

Punishment of the crime

The defendant was satisf of the victim B (math, 65 years old), and C is the relationship between the defendant A and his own.

On February 3, 2020, at around 11:10 on February 3, 2020, the Defendant and C listen to the Belgium G belonging to the police box with the Defendant and C accompanied by the Defendant and C, and entered the door into the house against the victim’s will.

Accordingly, the Defendants jointly harmed the peace of the victim's residence.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. B written statements;

1. Application of Acts and subordinate statutes governing H family relationship certificates;

1. Article 2 (2) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 319 (1) of the Criminal Act and the selection of a fine for negligence;

1. A fine not exceeding 300,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;

1. The rejection of prosecution under Article 59(1) of the Criminal Act (the fact that the defendant acknowledges and reflects his mistake, the fact that there is no record of criminal punishment except the case where the suspension of indictment is imposed, the victim does not want the punishment of the defendant, and other various sentencing conditions specified in the records and arguments in the instant case are equally taken into account in light of the following factors: (a) the rejection of prosecution is clearly considered in light

1. At around 11:10 on February 3, 2020, the Defendant used the body part of the victim B, which was written on the door, to enter the house from the victim B’s residence in Dongdaemun-gu Seoul Metropolitan Government, Dongdaemun apartment, and the victim B, as his hand, and used the body part of the victim B as his hand.

2. The facts charged in this case, which fall under Article 260 (2) and (1) of the Criminal Act, shall not be prosecuted against the will expressed by the victim under Article 260 (3) of the Criminal Act.

However, since it is apparent that the victim expressed his/her wish not to punish the defendant, the prosecution against the above part is dismissed in accordance with Article 327 subparagraph 6 of the Criminal Procedure Act.

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