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(영문) 수원지방법원 2016.12.22 2015고정2057
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

The sentence of punishment against the Defendants shall be suspended separately.

Of the facts charged in the instant case, Defendant A.

Reasons

Punishment of the crime

1. Defendant A, Defendant B, and Defendant B resided in the second floor house located in Yangcheon-gu Seoul Metropolitan Government, from around 1985 to around 30, 2002, with the victim G who was in a de facto marital relationship with his father F, and Defendant B married on or around August 30, 2002. Defendant A mainly resided in the Malaysia from around November 2002 to April 2005, and mainly resided in the Malaysia, from around April 2006 to around April 30, 2012, and permanently returned to the Republic of Korea on or around December 30, 2012, his father was deceased, and his father was friendly with the above housing house and the outside house house at the time of his death, and his father did not know that his father was friendly with the victim’s inherited property, and his father was able to complete his funeral inheritance from around 31, 2013 to December 30, 2012.

On May 2, 2013, the Defendants got in front of the residence of the victim in Yangcheon-gu Seoul Metropolitan Government H, and entered the way to open the door door by using the key in the ordinary room without the consent of the victim.

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

2. On July 31, 2013, Defendant A and Defendant B entered the second floor door through the first floor door without the victim’s permission. The Defendants were in front of the victim’s residence in Yangcheon-gu Seoul Metropolitan Government H on July 31, 2013.

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

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of certain prosecutions against the defendant A and B;

1. Legal statement of witness G;

1. A complaint;

1. Written evidence submission and written judgment (Seoul Southern District Court Decision 2014Gahap10908 decided on the Seoul Southern District);

1. Investigation report (Attachment to the status of entry or departure of a suspect);

1. The investigation report (a copy of the register of the I-Dong Housing in this case) is applicable 1.

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