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(영문) 대구지방법원 2018.05.18 2018고정191
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

Defendant

A A Fines 1,00,000 won, Defendant B’s fine of 700,000 won, and Defendant C’s fine of 700,000 won.

Reasons

Punishment of the crime

Defendant

A and Defendant B are married, and Defendant C are married, and Defendant A and Defendant B are married.

1. The Defendants jointly committed the crimes committed by the Defendants are in a non-distinct relationship with other women E, the husband of the Defendant C.

During the suspicion of suspicion of E, E confirmed that E is frequent with the victim F, and on April 28, 2017, E was parked in front of the victim's house in Daegu-gu, Daegu-gu, Seoul-gu, and confirmed that E was parked in the front of the victim's house, and in order to comply with the fact that E was unknown, E was emitted before the above house.

From around 22:35 on the same day, the Defendants entered the said gate by cutting off E’s balone by hand, and enter the said gate into the balone by cutting off, and Defendant B and Defendant C entered the said gate according to Defendant A.

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

2. The Defendant: (a) removed a fireworks decoration on which the market price cannot be known if the said victim F does not open a house door at the time and place specified in paragraph (1) at a place; and (b) was laid on the floor in which the market price cannot be known; and (c) damaged it.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes on police statements made to F and E;

1. Article 2 (2) 1 of the Punishment of Violences, etc. Act, Article 319 (1) of the Criminal Act, Article 366 of the Criminal Act, Article 366 of the Criminal Act, Article 2 (2) 1 of the Punishment of Violences, etc., Defendant B, and Defendant C who choose a fine for the crime: The selection of fines under Article 319 (1) of the Criminal Act, Article 319 of the Criminal Act, each of the options of fines;

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

1. Articles 70(1) and 69(2) of the Criminal Act, each of the Defendants’ detention in a workhouse

1. Article 62 (1) of the Criminal Act (including the motive for committing the instant crime, the fact that the victim withdraws his/her complaint, etc.);

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