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(영문) 창원지방법원 밀양지원 2015.12.10 2015고정213
주거침입등
Text

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

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

Reasons

Punishment of the crime

The Defendant was prior to the divorce of the victim B ( South and 40 years of age), and the victim C was prior to the Defendant.

On January 11, 2013, the Defendant and the victim were married on January 13, 2015 after the marriage. At the time of the divorce, two married children were decided by the court to rear the victims B.

Around 16:00 on January 12, 2015, the Defendant: (a) opened a gate that was not corrected for the reason that the husband, who was divorced from the family of the D Victim C (A, female, 65 years of age, confirmed the safety of two children under custody, and entered the living room, and intrudes on the female’s residence.

나. 폭행 피해자 C의 거실에 침입 후 방안에 있던 자녀들을 데리고 나가려는 것을 피해자 B(남, 40세)가 “아이는 집에 놔둬라, 어머니 집이니 밖으로 나가라” 라고 하자 피해자의 옷을 잡아당기는 방법으로 피해자 B를 폭행하였다.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused;

1. Each police statement made to C, B, and E;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 319 (1) of the Criminal Act, Article 260 (1) of the Criminal Act, the choice of a penalty against a crime, the choice of a fine for negligence, the choice of a fine;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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