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(영문) 대구지방법원 2016.08.26 2016고단2109
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 12, 2016, the Defendant violated the Punishment of Violences, etc. Act (joint residential intrusion) with B, when she came to the house of the victim D ( South Korea, 18 years old) located in Gyeongdong-gun, Chungcheongnam-do around 04:20 on January 12, 2016. B, after getting up to the second floor of the victim’s house, she entered the victim’s house through the bend window, after getting up the pipe installed on the outer wall of the building and getting up to the second floor of the victim’s house, and the Defendant went into the said house through the suspend door opened by B.

Accordingly, the defendant invadedd the victim's residence jointly with B.

2. Violation of the Punishment of Violences, etc. Act (joint injury) and the Defendant of special intimidation, along with the date, time, place, and place described in the foregoing paragraph (1) and “E is in finite in four finites, E is dead.

The Defendant threatens the Victim, and takes contact with the Victim E by taking the Victim’s mobile phone from the Victim’s cell phone, and B takes up the Victim’s face, etc. from drinking and launching to the Victim’s face, etc., and B takes off the Victim’s visit in favor of “Dangerous things”.

In addition, it threatens the victim to harm the body of the victim.

As a result, the Defendant, in collaboration with B, injured the victim about three weeks of medical treatment, thereby causing injury to the victim, and threatened with B, carrying “a dangerous object” and threatening the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a report on investigation (damage photographs), a written diagnosis of injury, and a report on investigation (to hear statements from a victim's telephone);

1. Article 2(2)1 of the Punishment of Violences, etc. Act regarding the crime concerned, Article 319(1) of the Criminal Act (the point of joint residence intrusion), Article 2(2)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act (the point of joint injury) and Articles 284, 283(1) and 30 of the Criminal Act concerning the crime;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The Criminal Act, the suspension of execution;

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