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(영문) 수원지방법원 2019.03.29 2018고정2073
폭력행위등처벌에관한법률위반(공동주거침입)
Text

Defendant

C shall be punished by a fine of 500,000 won.

Defendant

C If the above fine is not paid, KRW 100,000.

Reasons

Punishment of the crime

1. On September 16, 2018, the Defendants violated the Punishment of Violence, etc. Act (joint residence) by Defendant A around 08:55, on the ground that the Defendants were unable to lend money to Defendant A, the victims E, the children of the said D, the Suwon-gu G building, and the H, who were residing in F. However, the victims did not open the door, and the Defendants C did not call the door “the persons who reside in the house for a long time,” thereby allowing the victims to look into the door, and found there was D inside the said residence.

Accordingly, the defendants jointly invaded the victims' residence.

2. Defendant C’s assaulted the victim E with the defect that the victim E (the age of 24) does not enter the front of the door at the time and place specified in the above paragraph (1), and the victim E with a belbow’s knife’s blue blue blue blue blue blue blue.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement concerning E and F;

1. Application of the Acts and subordinate statutes of a photographs of damaged parts;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A and B: Article 2(2)1 of the Punishment of Violences, etc. Act, Article 319(1) of the Criminal Act, the selection of fines

B. Defendant C: Article 2(2)1 of the Punishment of Violences, etc. Act, Article 319(1) of the Criminal Act, Article 260(1) of the Criminal Act, Article 260(1) of the Criminal Act, and selection of fines

1. Defendant C from among concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Punishment A and B to be suspended: 500,000 won per fine; and

1. Defendants to be detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act (amount converted per day: KRW 100,000);

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

1. Defendant A and B of suspended sentence: Defendant A and B of Article 59(1) of the Criminal Act recognized the crime of this case, and the said Defendants are the grandparents of the victims.

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