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(영문) 대전지방법원 천안지원 2020.04.28 2020고정116
폭력행위등처벌에관한법률위반(공동주거침입)
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On November 29, 2019, around 08:29, the Defendant and B divided the first body of the victim's house into E of the victim's house in Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Incheon. However, B did not open the victim's house, B opened the unlocked beer and entered into the house, and the Defendant entered the house through the front door opened by B.

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

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. 112 Application of reporting Acts and subordinate statutes;

1. Article 2 (2) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 319 (1) of the Criminal Act and Article 319 (1) of the same Act concerning the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the Defendant recognized his criminal act; (b) the Defendant intruded to find his handphones and money in the victim’s residence; and (c) the victim and the victim agreed smoothly is more favorable.

However, even if the Defendant had been punished for violence crimes several times, and had Handphones and money sought, the Defendant invaded by having B open the door through the benda in another person's dwelling without taking a lawful method, and the fact that two or more persons jointly intrude into the door is disadvantageous.

In addition to this, the defendant's age, character and conduct, environment, circumstances of crime, and circumstances occurring in the trial process shall be determined as ordered by considering various circumstances.

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