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(영문) 수원지방법원 여주지원 2017.10.30 2017고정152
폭력행위등처벌에관한법률위반(공동주거침입)등
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Defendant

A shall be punished by both KRW 2,500,000, and Defendant B shall be punished by a fine of KRW 2,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. On January 26, 2017, the Defendants violated the Punishment of Violences, etc. Act (joint residential intrusion) opened the door of the above office in his/her hands and entered it into the second floor office of the F building where victims E reside in Leecheon-si, Gyeonggi-do.

Accordingly, the Defendants jointly intruded upon the victim’s residence.

2. The Defendants in violation of the Punishment of Violences, etc. Act (joint assault) set forth in the above paragraph (1) were able to enter the above F F F F F F F F F F F F building with the view of the victim E (49 tax) at the time of the day and around the end of the said paragraph, and the victim obstructed the Defendants who were going to the F F building, and the victim was restrained, and the Defendant A was able to remove the victims from it by hand, thereby cutting the victim’s chest up the victim’s chest over the floor, and the Defendant B was also able to dive the victim’s throp, which was in line with this.

Accordingly, the Defendants jointly assaulted the victim.

Summary of Evidence

[Defendant A]

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Voluntary accompanying report (Assault) (Defendant B);

1. Partial statement of the defendant;

1. Each legal statement of witness A and E;

1. Application of Acts and subordinate statutes to report voluntary accompanying;

1. Relevant Article 2(2)1 of the Punishment of Violences, etc. Act, Article 319(1) of the Criminal Act, Article 2(2)1 of the Punishment of Violences, etc. Act, Article 2(1) of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act, Article 260(1) of the Criminal Act, the selection of fines

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

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

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

1. Article 186(1) of the Criminal Procedure Act bearing the costs of lawsuit (Defendant B)

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