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(영문) 의정부지방법원 2017.02.09 2016고정2237
폭력행위등처벌에관한법률위반(공동주거침입)
Text

Defendant

A A A Fines of 2,00,000, Defendant B, and D of each fine of 3,00,000,000,000, and Defendant C of each penalty of 1,00,000, respectively.

Reasons

Punishment of the crime

1. Defendants B, D, and A have the respective claims against the victim F (M, 63 years old) against the joint crime committed by the Defendants, and Defendant C is Defendant D and the married couple.

On June 9, 2015, the Defendants did not contact with the victim and did not perform their obligations, and found at the victim’s residence located in G around 16:00 on June 9, 2015, and demanded that the victim met, but the victim refused, and the Defendant D went back the victim’s gate into the math, and followed Defendant C, A, and B turned into the Ma.

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

2. The Defendant B received a victim F’s cell phone from C at the time and place specified in paragraph (1), and received a victim F’s cell phone from C. On June 10, 2015, at the Defendant’s house located at the time and place of the Government, the Defendant confirmed whether the police officer and the victim possess a cell phone in order to find the cell phone, and did not have a cell phone.

After making a false statement and transferring the above mobile phone to a third party, the location of the victim's cell phone was unknown.

Accordingly, the defendant concealed the victim's property.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of a suspect by the prosecution against I, J, or F;

1. Statement made to K in the police statement;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article of the Act on the Punishment of Violences, etc. (Amended by Act No. 13718, Jan. 6, 2016); Articles 2(2) and 2(1)1 of the former Punishment of Violences, etc. Act; Article 319(1) of the Criminal Act; Article 319(1) of the Criminal Act; Article 2(2) and (1)1 of the former Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016); Article 366 of the Criminal Act (amended by Act No. 13718, Jan. 6, 2016); Article 319(1) of the Criminal Act (amended by Act No. 13718, Jan. 6, 2016)

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

1. Article 70 of the Criminal Code to attract a workhouse.

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