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(영문) 창원지방법원 통영지원 2016.08.26 2016고정145
폭력행위등처벌에관한법률위반(공동주거침입)
Text

Defendants shall be punished by a fine of KRW 700,000.

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

The Defendants, around 15:00 on December 13, 2015, entered the building managed by the victim E from October 19, 201 without the consent of the victim.

Accordingly, the defendants jointly intruded the victim's structure.

Summary of Evidence

1. Part of the Defendants’ legal statements

1. Legal statement of witness E;

1. Statement made by the police for E;

1. Each report on investigation;

1. In full view of various circumstances, such as on-site photographs and a copy of the disposal adjustment protocol (the condition of a structure managed by the injured party based on the evidence, and Defendant A voluntarily adjusted with the injured party on January 4, 2016 between the injured party and the injured party, with a view to prohibiting access to the structure managed by the injured party and the injured party (the instant case where access prohibition 143 is rendered at this court 2015Kahap 143), it is sufficiently recognized that the injured party entered the structure managed by the injured party without the injured party’s consent as stated in the facts constituting an offense, and it is difficult to view the Defendants

Therefore, the defendant and the defense counsel disputing this issue shall not be accepted.

1. Relevant Article 2(2) and (1)1 of the former Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016); Article 319(1) of the Criminal Act (amended by Act No. 1371, Jan. 6, 2016);

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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