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(영문) 대전지방법원 천안지원 2016.01.29 2015고정1140
폭력행위등처벌에관한법률위반(공동주거침입)
Text

Defendants shall be punished by a fine of KRW 500,000.

In the event that the Defendants did not pay the above fine, each of them is 100.

Reasons

Punishment of the crime

Defendants are friendships.

The Defendants jointly intruded on the above structure beyond the entrance of F, which is managed by the victim E in Asan City, while the Defendants found a place for fishing at around 11:25 on September 7, 2015.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement prepared by E;

1. Application of statutes on site photographs;

1. Relevant Article 2(2) and 2(1)1 of the former Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016); Article 319(1) of the Criminal Act (amended by Act No. 1371, Jan. 6, 2016);

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: (a) the grounds for sentencing under Article 334(1) of the Criminal Procedure Act recognize the Defendants’ mistake; (b) the Defendants did not intrude into the structure to commit another criminal act; (c) the manager demanded the Defendants’ preference; (d) Defendant A and B only have the capacity to punish one fine; and (e) Defendant C is only the primary offender.

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