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(영문) 수원지방법원 성남지원 2017.08.24 2016고정1365
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

Defendants shall be punished by a fine of KRW 700,000.

If the Defendants did not pay the above fine, only 100,000 won.

Reasons

Punishment of the crime

1. On November 18, 2015, Defendants in violation of the Punishment of Violences, etc. Act (joint residential intrusion) committed a crime of indecent act against the husband of the Defendant A and invaded upon the victim’s residence through an open gate for the purpose of drinking water.

2. The Defendants’ insult to G, who is the father of the victim E, from the time and at the place of the above 1.1.m. and at the same time and place, the Defendant “Isn’t see what year it is, sn’t son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s n

The Defendant B insultd the victim by referring to the large sound as “I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I am I

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. Determination as to the assertion of the Defendant and his defense counsel on the investigation report (Attachment of text) and investigation report ( telephone conversations with a witness F.

1. Although the Defendants entered the second floor through an open gate, there is no intention to intrude into a house, and it does not go against the presumed intention of the person having the right to residence.

The argument is asserted.

However, in full view of the following circumstances acknowledged by the evidence duly admitted by this court, the defendants entered the victim's residence to ask the defendant's husband's forced indecent act, and even if there was no other intention or purpose, there was the victim's implied acceptance or understanding as to the defendants' unauthorized access to the residence, even if there was no other intention or purpose.

Therefore, the defendants violated the victim's residence against the victim's will.

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