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(영문) 서울중앙지방법원 2019.05.15 2019고정345
폭력행위등처벌에관한법률위반(공동주거침입)
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Defendant

A shall be punished by a fine of KRW 2 million, Defendant B, and C, respectively, by a fine of KRW 3 million.

The Defendants respectively.

Reasons

Punishment of the crime

1. The Defendants committed the joint crime committed on August 2, 2018, and around 21:10, at the victim E’s residence in Gangnam-gu Seoul Metropolitan Government, went into the residence of the victim, and demanded the victim to unsatisfy sell the auction. Despite the victim’s warning that he/she had repeatedly accumulated the satfy and reported to the police, the victim, despite the fact that he/she opened the entrance door and used the satfy in the residence, and intruded the victim’s residence

2. Defendant B and Defendant C, at the time and place set forth in paragraph 1, have publicly insultingd the victim by referring to the victim as “Fraud” while the victim was heard by F that operates a restaurant on one floor at a certain point.

3. In order to prevent the victim from closing the entrance door at the time and place set forth in paragraph (1), Defendant C damaged the repair cost of KRW 180,000 by putting the entrance door on the part of the victim, with a strong view to placing the entrance door on the part of the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement of E and F;

1. Application of the CCTV Acts and subordinate statutes to the victim;

1. Defendant A of the pertinent legal provision on criminal facts: Article 2(2)1 of the Punishment of Violences, etc. Act, Article 319(1)2 of the Criminal Act: Article 2(2)1 of the Punishment of Violences, etc. Act, Article 319(1) of the Criminal Act, Article 311 of the Criminal Act, Article 311 of the Criminal Act, Article 2(2)1 of the Punishment of Violences, etc. Act, Article 319(1) of the Criminal Act, Article 319(1) of the Criminal Act, Article 311 of the Criminal Act, Article 366 of the Criminal Act

1. Defendant B and C among 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 a workhouse: Articles 70(1) and 69(2) of the Criminal Act

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

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