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(영문) 울산지방법원 2019.10.22 2019고단2235
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From around 2010, the Defendant was a person who had been on board as a seafarer of the victim B-owned fishing boat C with the status of stay in the Republic of Korea until April 27, 2013, and was a foreigner of Indonesia nationality who shall work for the said C-fishing boat, a designated workplace with the status of stay in the Republic of Korea, and was able to intrude into the steering boat along with D who works for the same crew, and used the Defendant’s passport, etc. kept by the victim in his/her custody at a place other than the designated workplace

1. On November 14, 2012, the Defendant violated the Punishment of Violence, etc. Act (joint residence) and special larceny, as seen above, carried the steering house and opened the steering house using the key of the steering house accumulated inside the steering house at the steering boat of the Busan Gun captain at around 00:0, around November 14, 2012, the Defendant: (a) opened the steering house at around the steering boat at the steering boat of the Busan Gun captain; (b) opened the steering room at the seat of the victim; and (c) taken the 300,000 won in cash owned by the Defendant and D (10,000 won, 20 won, 30 won in cash owned by the victim).

As a result, the Defendant intruded into the cabin steering house managed by the victim in collaboration with the above D, and stolen the property owned by the victim in collaboration with the above D.

2. Notwithstanding the fact that a foreigner violating the Immigration Control Act is able to stay in the Republic of Korea within the scope of his/her sojourn status and the period of sojourn, the Defendant entered the Republic of Korea as a non-professional employment (E94) on March 27, 2012 and stayed in the Republic of Korea by May 19, 2019 without obtaining permission for extension, despite the expiration of the period of sojourn on April 27, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's suspect interrogation protocol concerning D;

1. The police statement concerning B;

1. Application of accusation notes, photographs, and Acts and subordinate statutes;

1. Article 2 of the former Punishment of Violences, etc. Act (amended by Act No. 12896, Dec. 30, 2014) regarding criminal facts.

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