beta
(영문) 청주지방법원 2015.03.24 2014고단1705

주거침입

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant lived with C from April 2014 to June 2014, and the mother of C was at the wind to treat C by hospitalized C in a mental hospital.

1. Around 12:00 on August 9, 2014, the victim’s house located in Chungcheongnam-gun, Chungcheongnam-do, Chungcheongnam-do, was unable to move to the gate through the gate without the victim’s permission, making the victim sit at the entrance of the main entrance of the bank, so that the victim “I do not have to have his or her mother but does not have his or her mother.”

2. At around 11:00 on August 15, 2014, the Defendant: (a) opened gates and opened gates without the victim’s permission; (b) opened gates on the front floor; and (c) was able to avoid an disturbance, saying that the Defendant she was able to have frighted to the victim.

3. On September 9, 2014, around 09:52, the Defendant: (a) entered the said victim’s house into the house of 09:52 by cutting the gate into the gate, and (b) carried the gate into the gate, and was unable to disturb the Defendant’s sound.

As above, the Defendant invadedd the residence three times.

Summary of Evidence

1. Each police interrogation protocol against the accused;

1. Each police statement concerning D;

1. The place of each criminal and the report on the arrest of each case;

1. Application of Acts and subordinate statutes on site photographs of each house intrusion;

1. Article 319 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each alternative fine for punishment;

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

1. The defendant and his defense counsel asserted that the defendant's act of standing together with the defendant's and his defense counsel's act is a legitimate act and not guilty, as the defendant's act does not violate the social rules, since his/her father and his/her father and mother living together with the defendant for about two months came to go away from his/her own will to verify the location of his/her father and his/her father's life

According to the above macroscopic evidence duly adopted and investigated, if the defendant entered the victim's house on August 9, 2014, the victim reported to the police and the police officers report it to the police.