logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 부산지방법원 동부지원 2016.11.07 2014고정1856 (1)
폭력행위등처벌에관한법률위반(공동주거침입)
Text

Defendant

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

Defendant

If A does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Defendant

A is the representative of the guard company E, the defendant C is the F Security Service, and the defendant B is the head of the F Security Service.

1. The Defendants violated the Punishment of Violence, etc. Act (joint residence intrusion) with the employees of security business entities from around 06:00 to around 07:00 on April 10, 2014, and entered the said apartment house in Gangdong-gu Seoul Metropolitan Government, where the victim He resides in G, 403 of the said apartment house, 301 of the said apartment house where the victim J is the victim J, 302 of the victim J, 303 of the victim J, 501 of the victim's residence, 601 of the victim M, 403 of the victim N, 403 of the victim's residence, and 203 of the victim'sO residing in the victim's facility, and entered the said apartment corridor at his own discretion.

As a result, the Defendants jointly invaded upon the victims’ residence.

Summary of Evidence

1. Legal statement of witness P;

1. The statements made by witnesses and Q in the third trial records;

1. Police interrogation protocol of the Defendants, Q, R, S, and T

1. The police statement of theO or H;

1. Each complaint;

1. Application of statutes on photographs of damage;

1. The Defendants of relevant criminal facts: Article 2(2) and (1)1 of the former Punishment of Violences, etc. Act, and Article 319(1) of the Criminal Act (Amended by Act No. 13718, Jan. 6, 2016);

1. Commercial concurrent defendants: Articles 40 and 50 of the Criminal Act

1. Defendants who choose punishment: Fine.

1. Defendant C and B to be suspended from sentence: Fines of 500,000 won;

1. Defendant A with detention in a workhouse: Articles 70(1) and 69(2) of the Criminal Act; Articles 70(1) and 69(2) (one hundred thousand won per day) of the Criminal Act;

1. Defendant C and B of suspended sentence: Article 59(1) of the Criminal Act (the degree of participation and degree of damage of the Defendant is minor; Defendant C and Defendant C do not have any criminal record exceeding a fine, etc.);

1. Defendant A of the provisional payment order: It is so decided as per Disposition for the reason under Article 334(1) of the Criminal Procedure Act;

arrow