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(영문) 서울북부지방법원 2020.10.19 2020고정1204
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

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

In the event that the Defendants did not pay the above fine, 100.

Reasons

Punishment of the crime

No debt collector shall commit any act detrimental seriously to his/her privacy or peace in business by visiting any debtor or his/her related person at night without justifiable grounds to arouse fear or apprehension.

Nevertheless, at around 22:00 on February 12, 2020, the Defendants entered into the above Fdong where access is controlled by using the gaps entered by other residents on the ground that at the Yongsan-gu Seoul Metropolitan Government E apartment Fdong where the victim D was living, the victim's father G borrowed money from the Defendants but he did not repay the money.

The Defendants got out of the seventh floor where the victim’s residence was located, and then opened the front door of H, and Defendant A entered the front door of the victim, and the rest of the Defendants led to fear by avoiding the disturbance, such as the following: “G lent money to the victim and the husband of the victim in the shape of the corridor. There has also been a loan increase; the security deposit and security deposit have also been deducted; the security deposit and security deposit have also been deducted; the interest has also been paid within the interest rate for two years.”

As a result, the Defendants jointly invaded another’s residence and conspired with the obligor’s related persons at night to cause fears or apprehensions, thereby seriously impairing the peace of privacy.

Summary of Evidence

1. Defendants’ legal statement

1. Application of Acts and subordinate statutes to investigative reports (verification of video data and telephone communications with reference witnesses G);

1. Article 2 (2) 1 of the Punishment of Violences, etc. Act regarding facts constituting an offense, Article 319 (1) of the Criminal Act (joint residence and intrusion points), Article 15 (2) 2 and Article 9 subparagraph 2 of the Fair Debt Collection Practices Act (a violation of privacy relating to debt collection), Article 30 of the Criminal Act, and the selection of fines;

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

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

1. Each suspension of execution;

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