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(영문) 춘천지방법원 강릉지원 2018.06.21 2017노585
폭력행위등처벌에관한법률위반(공동공갈)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts and legal principles) the Defendants entered the victim’s house without the consent of the victim, and the fact that multiple creditors enter the victim’s house at the latest time after sunset is naturally contrary to the victim’s will, thereby constituting a crime of intrusion upon residence.

In addition, the Defendants were living together with the victim, not the victim.

In the situation where there are eight creditors, including them, who hold a claim against M, “The police is placed in our House, and the police is placed in the House.”

I can see the escape.

", ...... our organization is a kind of problem with width."

Since a person acquires a loan certificate, a letter of waiver of land, cash, or a motor vehicle with the words "," etc., the crime of conflict is also established.

However, the lower court rejected the credibility of the victim’s statement consistent with the facts charged and rendered a not-guilty verdict on all the charges against the Defendants.

2. Determination

A. The summary of the facts charged is the obligees who borrowed money from the defendant B, the defendant C, the defendant C, the H, I, the J, K, and L. M and the victim N(57) were the obligees who lived in the victim's house located in the Gangwon Yangyang-gunO since 2009.

1) Around March 14, 2015, Defendant C’s intrusion upon Defendant C’s residence entered the said house through an open gate to the said victim’s house, and invaded upon the victim’s residence.

2) Defendants B and A violated the Punishment of Violences, etc. Act (joint residence intrusion) jointly entered the said house through an open gate around March 14, 2015 and infringed upon the victim’s residence by entering the said house in around March 20, 2015.

3) On March 14, 2015, Defendant B, Defendant A, Defendant C, and I, J, K, and L violation of the Punishment of Violences, etc. Act (joint conflict), Defendant A, Defendant C and I, J, K, and L jointly borrow money from the victim, who is a female living together within the victim’s house, around March 14, 2015.

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