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The sentence of punishment against the Defendants shall be suspended separately.
Reasons
Punishment of the crime
Defendant
A and Defendant B are married couple, and Victim D is the tenant of the studio building owned by Defendant A.
1. Defendant A
A. On January 28, 2015, the Defendant violated the victim’s residence by requesting the victim D residing in E and 201, who moved part of this article to the morning on the same day, and by requesting the ordinary key business operator to change the number key locker installed at the entrance of the victim in order to receive another tenant.
B. The Defendant, at the same time and place as the above paragraph (a) above, removed the entrance entrance gate number key fastening device owned by the said victim and replaced by the general key locking device, thereby damaging the numberk locking device equivalent to KRW 80,000 at the market price owned by the said victim.
2. On February 3, 2015, the Defendants entered the victim’s residence and moved goods on the ground that they had a locking device for the general key replaced by Defendant A, such as the above “1-B,” and entered with Defendant B, to move the goods, such as air conditioners, etc. on the first floor of the same building.
Accordingly, the Defendants jointly invaded the victim’s residence.
Summary of Evidence
1. Defendants’ respective legal statements
1. Application of the police statement law to D;
1. Article 319(1) of the Criminal Act - Defendant A: Article 319(1) of the Criminal Act (the occupation of intrusion upon residence), Article 366 of the Criminal Act (the occupation of destroying and damaging property); Articles 319(1) and 30 of the Criminal Act - Selection of fines
1. Article 70 (1) and Article 69 (2) of the Criminal Act for the detention in a workhouse;
1. The suspended sentence [the suspended sentence: KRW 500,00 for each fine] shows a view that the Defendants, under Article 59(1) of the Criminal Code, could have been able to bring about some objections to the instant crime, all of them are recognized and reflected. The victims are already several million won prior to the instant crime.