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(영문) 창원지방법원 2016.12.15 2016고정676
폭력행위등처벌에관한법률위반(공동주거침입)등
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Defendant

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

Defendant

If A does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A and Defendant B are in a de facto marital relationship with a person who resides in Kimhae-si 102, and the victim E (V, 66) is a person who resides in the above loan No. 402.

The Defendants and the victims did not have a good reputation due to the long-term use of the Balet rooftop.

1. The Defendants’ joint criminal conduct (joint residence intrusion) (the Punishment of Violences, etc. Act) found the victim’s house at the victim’s house No. 402 on April 22, 2016 to resist the victim’s prompt use of the rooftop, and made a horse fighting against the victim, who was in front of the victim’s house entrance.

While Defendant B listened to the sound of horse fighting on the first floor and without permission in the middle door of the entrance door of the victim's house, Defendant B made a statement to Defendant A, knowing that the victim made a recording of the situation into a cell phone, and Defendant A without permission, and Defendant A went back to the front door of the living room where the victim was in his/her possession and left the cell phone where the victim was in his/her possession.

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

2. Defendant A’s sole criminal conduct (the injury resulting from violence) committed by the victim at a time and time at the same place as that set forth in paragraph (1) and caused the victim to suffer bodily injury, such as salt panion, which requires treatment for about two weeks, by pushing the victim in his/her hand while driving his/her cell phone with him/her.

Summary of Evidence

1. Each legal statement of the defendant A and B

1. Legal statement of witness E;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes to each photograph (Evidence Nos 1, 13);

1. Defendants of relevant criminal facts: Articles 2 (2) 1, 319 (1) and 262, 260 (1), and 257 (1) of the Punishment of Violences, etc. Act

1. Defendants who choose to impose punishment: Each selective fine

1. Defendant A from among concurrent crimes:

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