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(영문) 창원지방법원 마산지원 2015.06.30 2015고정161
폭력행위등처벌에관한법률위반(공동주거침입)
Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 500,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A and the victim D have reached a dispute over the issue of ordinary noise noise between neighboring parties living on the upper floor below the 107 apartment-dong, Changwon-si, Changwon-si, Masan-si, and 107, and they have reached a dispute over the above apartment-type noise around 15:50 on August 15, 2014.

Defendant

Defendant B, a resident of the same apartment as A, opened the entrance at the victim's house at around 16:30 on the same day, and opened the entrance to confirm who the victim's denial. In order to confirm who the victim's denial, Defendant B, a resident of the same apartment as A, went to arbitrarily enter the defendant's house and arbitrarily entered the defendant's house.

Accordingly, the Defendants jointly intruded upon the victim’s residence.

Summary of Evidence

1. Each legal statement of witness D and F;

1. Application of the police statement law to D;

1. The Defendants of relevant criminal facts: Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act, Article 319 (1) of the Criminal Act, the selection of each fine

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: Article 334(1) of the Criminal Procedure Act

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