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(영문) 춘천지방법원 속초지원 2016.02.19 2015고단30
폭력행위등처벌에관한법률위반(공동주거침입)
Text

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

In the event that the Defendants did not pay the above fines, only 100,000.

Reasons

Punishment of the crime

On April 7, 2013, the Defendants conspiredd to intrude into the said P hotel without permission in order to have the actual right to operate the “P hotel” operated by F, G, H, I, J, and S, and L restaurant located in K at the Seocho-si from the early beginning of April 7, 2013, and the victim M, etc. (State).

According to the above public offering, the Defendants and the above F et al. entered the hotel through the first floor of the hotel opened around 00:00 on April 8, 2013.

Accordingly, the Defendants violated the structure managed by the victim M in collaboration with F, G, H, I, J, and personal service personnel.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Each legal statement of the witness M, Q, R, F, and S;

1. Each prosecutor's office and each police suspect examination protocol against the Defendants

1. A protocol concerning the examination of suspect concerning F by the prosecution;

1. Statement made by each prosecutor on Q, T and R;

1. Certification of the fact of S Preparation;

1. A copy of, and a record of, a provisional disposition taken on a life chart;

1. Application of investigation report (112 Report/Case List), investigation report (U Telephone Statement Hearing) Acts and subordinate statutes;

1. The Defendants of the pertinent provision of the Act on the Punishment of Violences, etc.: Articles 2(2) and 2(1)1 of the former Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016); Article 319 of the Criminal Act; the selection of fines, respectively.

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

1. The Defendants of the provisional payment order: Determination as to the allegations by the Defendants and their defense counsel under Article 334(1) of the Criminal Procedure Act

1. Summary of the assertion

A. At around 19:00 on April 7, 2013, the Defendants did not intend to intrude into a P hotel without permission, and entered the above P hotel for accommodation. However, at around 04:00 on the following day, the Defendants began to operate the above hotel from the day upon request of the employees of the above hotel at around 04:00, the Defendants did not have the intent to commit a crime against a structure intrusion on April 8, 2013, when entering the above hotel.

(b) A person who has a residential right of a P hotel.

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