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Reasons
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(영문) 청주지방법원 영동지원 2016.12.22 2016고정18
폭력행위등처벌에관한법률위반(공동주거침입)등
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The sentence of each sentence against the Defendants shall be suspended.

Reasons

Punishment of the crime

1. At around 14:00 on February 5, 2015, the Defendants jointly committed the Defendants in front of the office of the Victim F in the E-Academic 405 E-U.S., the E-U.D., the Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, to remove the corrected entrance on the ground that the equipment was confirmed, and then intruded into the structure managed by the victim.

2. Defendant A, at the time and place described in paragraph (1), destroyed the entrance and exit of 35,000 won at the market price owned by the victim E-school juristic person by ordering the corrective entrance and exit doors to be removed on the ground that the equipment was checked.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of F’s statutory statement Acts and subordinate statutes;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 2(2) and (1)1 of the former Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016; hereinafter the same shall apply), Article 319(1) of the Criminal Act (joint residence intrusion), Article 366 of the Criminal Act ( point of destruction and damage of property), selection of each fine

B. Defendant B: Article 2(2) and (1)1 of the former Punishment of Violences, etc. Act; Article 319(1) of the Criminal Act; selection of fines

2. The former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes (Defendant A);

3. The punishment to suspend the sentence;

(a) Defendant A: Fines for negligence of KRW 1,000,000;

(b) Defendant B: Fines of 500,000 won;

4. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of each Criminal Act.

5. Determination as to the assertion by the Defendants and their defense counsel under Article 59(1) of the Criminal Act of the suspended sentence (the Defendants)

1. The summary of the allegations in the facts charged in the instant case is that the Defendants damaged the entrance and exit of the entrance and exit of the Defendants at the E-Academic Cooperation Center 405 (hereinafter “instant office”) and subsequently, the Defendants opened and entered the entrance.

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