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Reasons
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(영문) 대구지방법원 김천지원 2016.10.25 2016고정289
폭력행위등처벌에관한법률위반(공동주거침입)등
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The sentence of punishment against the Defendants shall be suspended separately.

Reasons

Punishment of the crime

Defendant

A is a person who is divorced from the victim E on November 2015 and is living together with the defendant B and the defendant C who is the parent.

1. On February 28, 2016, the Defendants jointly held the front door door door, which was corrected by Defendant A’s hacks, and went into the front door, and infringed upon the victim’s residence. In addition, the Defendants’ joint criminal conduct did not appear in the victim’s house, which was located in the first 1108 Si/Gu F&M building first 16:30 on February 28, 2016.

2. Defendant A

A. The Defendant damaged the property by breaking the front door that was corrected by hand to enter the victim’s house at the time and place specified in Paragraph 1, and by destroying the victim’s property at the market price.

B. The Defendant attempted to larceny at the time and place indicated in paragraph (1) and, notwithstanding the victim’s opposition, tried to carry with himself a photograph destroyingd crime in the ward inside the house, but did not bring the victim’s restraint on the police officer dispatched after receiving 112 report, and did not commit such intent.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of witness E;

1. Each police statement of G and H;

1. Police investigation report (in case of a suspect's divorce documents and a certified copy of register);

1. Application of each statute on photographs;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 2(2)1 of the Punishment of Violences, etc. Act, Article 319(1) of the Criminal Act, Article 366 of the Criminal Act, Articles 342 and 329 of the Criminal Act, and selection of fines for negligence

B. Defendant B and C: Article 2(2)1 of the Punishment of Violences, etc. Act, Article 319(1) of the Criminal Act, the selection of fines

1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The type to be suspended;

(a) Defendant A: Fines of 500,000 won;

(b) Defendant B and C: Each fine of KRW 200,000;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act for the detention in a workhouse;

1. Each criminal law of suspended sentence;

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