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(영문) 인천지방법원 2014.10.31 2014고정2402
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On March 15, 2014, the Defendant violated the Punishment of Violences, etc. Act (joint residence intrusion) jointly with C, in the residence of the victim E of the victim No. 301, Dong 1702, Seo-gu Incheon, Seo-gu, Incheon, Seo-gu, Seoul, divided the passwords of the victim E, and entered the ward to meet the victim E’s wife F, and the Defendant entered the ward together with C.

Accordingly, the Defendants jointly invaded the victim’s residence.

2. When the victim intrudes the victim's residence at the same time and place as that of Article 1(1) of the Punishment of Violences, etc. Act (joint violence), the victim was pushed down and prevented. C took one time with the victim's head as his hand, and the defendant got out of the victim by cutting breath.

Accordingly, the Defendant assaulted the victim jointly with C.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Application of the police protocol of statement to F;

1. Relevant Article 2 (2) and (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (2) and (1) 1 of the same Act, Article 319 (1) of the Criminal Act (the point of joint residence intrusion), Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act, Article 2 (1) 1 of the Criminal Act, Article 260 (1) of the Criminal Act, the

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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