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(영문) 수원지방법원 2016.06.01 2016고정658
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

Defendants shall be punished by a fine of KRW 1,000,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendants are business relationships with victims E ( South, 39 years old) with those who operate ‘D’ in partnership with the Defendants.

1. On September 9, 2015, the Defendants classified the first race in order to demand the outstanding amount before the victim’s house 16:02 Dong 102-dong 102-dong 102, and had the victim open the front door to report the front door to the Defendants. However, Defendant A attempted to close the front door by putting the front door in his hand, thereby opening the victim’s house, and Defendant B also went into the front door of the victim’s house and intrudes on the victim’s house by jointly entering the front door.

2. The Defendants were in dispute with the victim at the same time and place as an issue of settlement of accounts receivable, and the Defendant A was in dispute with the victim’s chest and shoulder part by two descendants, and Defendant B was in dispute with the victim’s hair and shoulder part by combining it with the victim’s hand, and the victim’s head knife and knife the victim’s head knife and knife the victim’s head knife and knife the victim’s head knife, the Defendants jointly inflicted an injury on the victim’s knife and knife knife

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. The Defendants: Article 2(2)1 of the former Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016); Article 319(1) of the Criminal Act; Article 2(2)3 of the former Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016); Article 2(2)3 of the former Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016); Article 257(1) of the Criminal Act (joint injury) of the Criminal Act; and selection of fines.

1. Defendants who are subject to aggravated concurrent crimes: the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334 of the Criminal Procedure Act.

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