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(영문) 대전지방법원 2018.01.16 2017고단3440
폭력행위등처벌에관한법률위반(공동주거침입)등
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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. Joint crime with C: Violation of the Punishment of Violences, etc. Act (joint residence intrusion) by the defendant is accompanied by the victim D (20 tax) with E who is the wife of the defendant;

In doubt, the victim's death, C, along with the victim's house, was in mind to search for E.

According to this plan, the defendant, along with C around May 7, 2017, 21:30 around 21:30 on May 7, 2017, the victim's house located in Daejeon Jung-gu, followed C by putting the entrance door and "D opening door", the victim C was pushed the victim's chest, and the defendant entered the crepan together with C.

As such, the Defendant, along with C, arbitrarily entered the victim’s house without the consent of the victim, and invaded the victim’s residence jointly.

2. A special assault Defendant: (a) intruded the victim’s house at the time, place, as described in the above paragraph (1); (b) climfed the victim’s face by drinking; and (c) brud the victim’s face as a dangerous object; and (d) “In anywhere,” the victim’s face.

“Alongly sound and threatened the victim, as the victim may be frighten, to assault the victim.

3. On May 7, 2017, around 22:50, the Defendant demanded the victim to find the Defendant’s wife continuously at the house of Seo-gu Daejeon, Seo-gu, Daejeon, Seo-gu, Daejeon, that the Defendant continued to seek the Defendant’s wife. On the other hand, the victim’s face was taken back by drinking, and the victim was cut off with a closed inside and floor that require approximately five weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of a suspect of the police against the defendant, D, or C (two times);

1. Each police statement made to D, H, and I;

1. Written statements of D;

1. A written diagnosis of injury;

1. A damaged photograph;

1. Investigation reports, and the application of the statutes governing the table for 112 Reporting and Handling Cases;

1. Article 2(2)1 of the Act on the Punishment of Violences, etc. against Criminal Facts, Article 319(1) of the Criminal Act (the point of joint residence intrusion), Article 257(1) of the Criminal Act (the point of injury) of the Criminal Act, Articles 261 and 260 of the Criminal Act.

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