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(영문) 의정부지방법원 고양지원 2018.06.08 2018고정374
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

Defendants shall be punished by a fine of KRW 1,500,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendant

A, along with the Defendant B, tried to find the residence of the victim D (the 47 years old) who is the other party to the other party of the husband in the case of Pakistan.

1. On September 23, 2017, Defendants in violation of the Punishment of Violences, etc. Act (joint residential intrusion) opened the entrance door, which was closed without any corrective device, at the victim’s residence at around 10:10 on September 23, 2017, and jointly intruded upon the victim’s residence.

2. Defendant A violated the Punishment of Violences, etc. Act (joint assault) followed the victim’s appearance with her husband at the date, time, and place specified in paragraph (1), and committed violence jointly by taking the victim’s head knife with her husband, and Defendant B committed the victim’s head knife with the victim’s knife and with the victim’s head knife with his hand.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Application of Acts and subordinate statutes concerning suspect interrogation protocol concerning D;

1. The Defendants: Article 2(2)1 of the Punishment of Violences, etc. Act, Article 319 of the Criminal Act (the point of joint residence intrusion), Article 2(2)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act (the point of joint assault) and the selection of fines;

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

1. Defendants of the provisional payment order: The reason for sentencing under Article 334(1) of the Criminal Procedure Act was that the Defendants committed the instant crime with the reason for the sentencing of Article 334(1) was occurred in the course of responding to the issue with the husband of the Defendant A, and there are circumstances to consider the circumstances leading to the commission of the instant crime,

In addition, the defendants are first offenders, the defendants' age, sex, environment, family relationship, the means and result of the crime, etc., and all of the sentencing factors shown in the arguments in this case, such as the circumstances after the crime, shall be determined as ordered.

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