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(영문) 대전지방법원 서산지원 2018.01.24 2017고합41
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

[2017 Gohap 41]

1. Joint crimes committed with the accused and C;

A. On November 2016, the Defendant, in violation of the Punishment of Violences, etc. Act (joint residential intrusion) committed with the victim D on or around November 2016, he/she would not take care of the victim under the condition that the victim does not pay the child support in full.

Despite the promise on June 22, 2017, it was confirmed that he/she was present at the academic conference of his/her husband and wife on June 22, 2017, and he/she found very roughly and in order to communicate his/her mixed drinking with the victim, he/she found him/herself in the office of the victim in the Seosan City F along with C, a post-marba C.

On June 23, 2017, around 00:40 on June 23, 2017, the Defendant opened a gate for the purpose of C by intrusion into the victim’s house through its windows, and opened the gate for C, and entered the said house with the front door, and C intruded into the victim’s house through the open door.

Accordingly, the defendant infringed upon the victim's residence jointly with C.

B. At around 07:40 on June 23, 2017, the Defendant: (a) requested the victim to resort to the mountain father and the hospital in order to confirm whether the victim was pregnant in the relationship with the new male-child body" at the house of the F victim D (30) in Seocho-si; (b) however, the victim refused it; (c) allowed the victim to leave the vehicle to the back seat of the C Driving 5 SM5 passenger car accompanied by the fluor; and (d) moved to the H mountain father and the fluor in Seosan-si G in order to verify whether the victim was pregnant in the relationship with the new male-child body.

On June 23, 2017, at around 08:00, the Defendant received hospital treatment for the victim after arriving in the above H mountain, and then discovered the victim's phone call to male-friendly job I, and subsequently received a request for evacuation from the nurse in the above hospital by avoiding disturbance, such as assaulting the victim's head by eating home, the Defendant went out of the hospital, and going out of the hospital, and re-enter the victim in the SM5 vehicle of the C driver who was waiting in the atmosphere before the Madin hospital.

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