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(영문) 대전지방법원 2017.08.18 2016고정1568
폭력행위등처벌에관한법률위반(공동재물손괴등)등
Text

All sentence imposed on the Defendants shall be suspended.

Reasons

Punishment of the crime

Defendant

A and Defendant B are women, the victim D(87) is the father of Defendant A, and Defendant B is the external father of Defendant B.

While the Defendants and the victims continued legal disputes, such as the lawsuit for repayment of loans and the criminal trial, the Defendants were forced to leave the victim from the above apartment, on the ground that the victimized party continued to reside continuously by leasing 107 Dong-dong 1506, Seo-gu, Daejeon.

1. On January 19, 2016, Defendants in violation of the Punishment of Violences, etc. Act (damage to co-property) caused the repairer to drive the key repairer in the front corridor of the above apartment entrance, by telephone between the victim and the absence of the victim, and caused F to remove the entrance door (the name “debris” hereinafter) equivalent to KRW 120,00 in the existing victim’s market price, and install a new entrance lock.

Accordingly, the Defendants jointly damaged the property owned by the victim.

2. The Defendants in violation of the Punishment of Violences, etc. Act (joint residence intrusion) entered the password of the newly installed entrance door locked at the time and place specified in paragraph (1) without the victim’s consent, and opened the door and invaded the victim’s house into the victim’s dwelling room.

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

Summary of Evidence

1. Defendant A’s legal statement

1. The defendant B's partial statement

1. Legal statement of witness G;

1. A protocol concerning the examination of suspect of H with respect to the police;

1. Police statements made to D or G: Supplement of complaints;

1. Statement made to I by the police;

1. Application of the statutes on additional evidence submitted G;

1. Article 2(2)1 of the Punishment of Violences, etc. Act, Article 319 of the Criminal Act, Article 2(2)1 of the Punishment of Violences, etc. Act, Article 2(2)1 of the Punishment of Violences, etc. Act, and the Criminal Act.

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