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(영문) 의정부지방법원 2015.05.14 2015고정229
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

Defendant

A A Fines 1,00,000 won, Defendant B’s fine of KRW 500,000, and Defendant C’s fine of KRW 300,000.

Reasons

Punishment of the crime

Defendants are the residents of J apartment complexes in Gyeonggi-do. A.

On December 15, 2014, at around 19:00 on August 15, 2014, the Defendants continued to enjoy the first class of J Apartment 207 Dong 405, the victim K’s residence, and the victim opened the front door and entered the said residence without permission.

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

B. Joint intimidation Defendants expressed to the victim K as “Isson’s representative for the same year of illness” at the above date, time, and place, and Defendant A stated that “Isson’s request was received from the said victim, but refused to comply with this.”

Defendant

A In order to receive a request from the victim for the statement that he/she would no longer find at the home, “I will not find the same representative if he/she ceases to do so,” and “I will continue to find the same representative at the home of the victim if he/she ceases to do so, and I would like to give him/her with his/her failure.” The remaining Defendants and the victims were referred to as similar for a similar purpose.

Accordingly, the Defendants jointly threatened the victim.

Summary of Evidence

1. Each legal statement of witness K and L;

1. The police statement of K or L;

1. Application of the law on mobile phone photograph - Defendants

1. Article 2 (2) and (1) 1 of the Act on the Punishment of Violences, etc. for Criminal Crimes, Article 2 (2) and (1) 1 of the Act on the Punishment of Violences, etc., Article 319 (1) of the Criminal Act (joint residence intrusion, selection of fines), Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act, Article 283 (1) of the Criminal Act (Joint Intimidation, Selection of fines);

1. Of concurrent crimes, the former part of Article 37, 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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