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(영문) 서울북부지방법원 2017.12.14 2017고정1032
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

Defendant

A shall be punished by a fine of two million won.

Defendant

If A does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Defendant

A and Defendant B are mother and child relationship, D(44 tax, south) is the owner of a house with a size of 43.84m2 in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, the redevelopment area, and the Defendants are the persons leaving the zone due to compulsory execution on April 27, 2016 when the name of the damaged person's house was won.

A. Defendants in violation of the Punishment of Violences, etc. Act (joint violation of a structure) jointly opened the house owned by the victim Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul around 17:00 on April 27, 2016, despite the fact that the said house had been withdrawn through compulsory execution, two wooden boards installed at the entrance and exit without the victim’s permission, and invaded the building managed by the victim.

B. Violation of the Punishment of Violences, etc. Act (joint property damage, etc.) is jointly committed by the Defendants.

A. In order to prevent the intrusion of the outside person when the victim intrudes into the victim’s structure at the same time and place as the same as paragraph (1), two wooden board boards installed each at two entrances were removed in order to prevent the intrusion of the outside person, and damaged them.

Summary of Evidence

1. Partial statement by the Defendants (the fifth trial date)

1. Statement made by the police against D;

1. Complaint;

1. Application of Acts and subordinate statutes to investigation reports (a copy of the relevant case records);

1. The Defendants subject to the pertinent Article of the Punishment of Violences, etc. Act and the choice of punishment against the crime: Article 2(2)1 of the same Act, Article 319(1) of the Criminal Act (the point of intrusion on a common structure), Article 2(2)1 of the Punishment of Violences, etc. Act, Article 366 of the Criminal Act, and selection of fines, respectively;

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act;

1. Defendant B to suspend the sentence: A fine of one million won;

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

1. Defendant B of suspended sentence: Article 59 (1) of the Criminal Act (Taking into account the criminal history, degree of participation, circumstances of crime, etc.);

1. Defendant A: Article 334(1) of the Criminal Procedure Act [the Defendants and defense counsel].

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