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(영문) 부산지방법원 2017.03.15 2016고정3321
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

Defendant

A shall be punished by a fine of KRW 3,00,00, and by a fine of KRW 900,000,000, respectively.

The defendants are the defendants.

Reasons

Punishment of the crime

The Defendants partly revised criminal facts according to the facts acknowledged within the extent that does not substantially disadvantage the Defendants’ exercise of their defense rights.

1. On March 19, 2015, the Defendants entered the 3rd floor management office (the entire third floor of No. 301, No. 302) of the Busan East-gu Office for the management of the 3rd floor of the 15:50 of the Defendant’s joint crime jointly with G, and opened the door door of the unsatisony fire door at the entrance of the 301st unit.

As such, the Defendants intruded into the office owned by others in collaboration with G, and damaged the property owned by others, thereby harming its utility.

2. The Defendants jointly committed the crimes of Defendant A and Defendant C: (a) around 19:04 on the same day as the indicated in paragraph (1), the entrance door of the market price of the victim (ju) H on the second apartment of the above I apartment building; and (b) the Defendant A asked Defendant C to contact with the electrical equipment so that the employees of the victim company could not enter the victim company; and (c) Defendant C had its utility by accessing this.

3. At around 19:04 on the same day as indicated in paragraph 1, Defendant B arbitrarily opened five CCTV cameras with a face value of KRW 1,00,00,000 in the market price managed by the victim (owner) who was installed on the third floor and installed on the third floor, around 19:04.

Summary of Evidence

1. Each legal statement of the defendant B, C, and D

1. Each legal statement of the witness J and K;

1. Each legal statement of witness B, C, and D (defendant A)

1. Application of Chapter 22 Acts and subordinate statutes to photographs of the scene of crime;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A, C, and D: Article 2(2)1 of the Punishment of Violences, etc. Act; Article 319 of the Criminal Act (the point of joint residence intrusion); Article 2(2)1 of the Punishment of Violences, etc. Act; Article 366 of the Criminal Act (the point of joint property damage) and selection of each fine

B. Defendant B: Article 2(2)1 of the Punishment of Violences, etc. Act, Article 319 of the Criminal Act, and punishment of violence, etc.

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