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(영문) 대전지방법원 천안지원 2018.01.18 2017고정799
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

[Defendant A] Defendant A shall be punished by a fine of KRW 200,000.

Defendant

A fails to pay the above fine.

Reasons

Punishment of the crime

1. On June 22, 2017, the Defendants jointly committed the crime: (a) around 19:45, and around the house of the victim E ( South, 76 years old) located on the south-gu Seoul Special Metropolitan City D Studio 4 level; and (b) the victim attempted to resist “the fact that the victim did not meet the examination of the Defendant A’s children,” but the victim did not look at the Defendants; (c) the victim opened the door door of the victim’s unlocked victim’s house and intruded the victim’s house into the ward. Accordingly, the Defendants invaded the victim’s residence jointly.

2. Defendant A’s sole crime committed on June 22, 2017, on the following grounds: (a) around 19:45, the Defendant committed assaulting the victim E ( South, 76 years old) on the fourth floor of the Southern-gu Seoul Metropolitan Government Daum Stud 4, Nam-gu, Seoul Metropolitan City, on the ground that he was not taking an examination of the Defendant’s children; and (b) the Defendant was booming the brub that he was suffering from the victim’s hand.

Summary of Evidence

1. Defendants’ respective legal statements

1. Written statements (E);

1. Application of Acts and subordinate statutes to photographs damaged;

1. Relevant legal provisions and choice of punishment on the crime;

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

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

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

1. Defendants detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day for Defendant B)

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

1. A fine of 200,000 won which suspends a sentence on Defendant B; and

1. Defendant B of suspended sentence: Defendant A with the reason for sentencing under Article 59(1) of the Criminal Act; the reason why the instant crime was committed; the reason why the Defendant committed the instant crime; the method of intrusion upon residence; and the Defendant committed an assault by means of breaking the victim’s signal; thus, the victim has substantial damage; and the criminal record of the Defendant’s criminal punishment.

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