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(영문) 수원지방법원안산지원 2020.09.11 2020고정527
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant and B are those who have claims against the victim C (n, 52 years of age).

1. On September 3, 2019, the Defendant: (a) around 23:35 on September 3, 2019, at the time of the victim’s residence located in Ansan-si D (hereinafter omitted); and (b) around 150,000 won of the cost of repairing the victim’s house opened up several times with stone, and caused damage to the victim’s house.

2. On September 4, 2019, the Defendant violated the Punishment of Violences, etc. (Joint Residence Intrusion) by ordering the Defendant to confirm whether the victim was in the house after the commission of the crime described in paragraph (1) and the Defendant, as a result, instructed the key business operator as specified in paragraph (1) B to replace the entrance and exit of the victim, and opened the entrance, and then jointly intrudes on the victim’s residence through the entrance door of the said place opened with E, F and G, and the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Each police suspect interrogation protocol for B, F, G, and E;

1. A written statement of the police officer I with H;

1. Reports on occurrence (damage, damage, etc. to property);

1. Application of the Acts and subordinate statutes on photographic records;

1. Article 2 (2) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 319 (1) of the Criminal Act, Article 366 of the Criminal Act, and Article 366 of the Criminal Act, the selection of fines for negligence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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