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(영문) 수원지방법원 안산지원 2019.08.14 2018고단3684

주거침입등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

[2018 Highest 3684] The Defendant is one of the following: (a) the victim B (V, 55 years of age) and from February 2017, which had the nature of the relationship from around June 2018.

1. After hedging with the victim, the Defendant sent a message that would not respond to the victim’s communication, such as the victim’s refusal to receive messages, even though the victim had contacted several times for a decision with the victim, on September 15, 2018, using the Defendant’s mobile phone on September 15, 2018, i.e., “the victim’s mobile phone that would cause harm to the victim” or “B bamboo”.

Accordingly, the defendant threatened the victim.

2. Even though the Defendant sent text messages to the victim as referred to in paragraph (1), he saw that he would look at the victim’s house and make a resistance. On September 16:40, 2018, the Defendant opened the first floor door of the gate of the 4th floor building and entered the gate of the 4th floor building using the password, which is the victim’s residence, in advance, at around September 16:40, 2018. In order to confirm whether the victim’s house was in front of the 4th floor of the 4th floor and who was in front of the victim’s house, D, which is the victim’s house, was found.

Accordingly, the defendant invadedd the victim's residence.

3. The Defendant who violated the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence is referred to in paragraphs (1) and (2) as criminal facts of this Article; 1. An offender is ordered to prohibit access within 100 meters from his/her residence and place of work until a victim protective order is determined.

2. To order the accused not to transmit codes, text, sound, or image by wire, wireless, optical, optical, and other electronic means, not later than the time when the order of the victim is determined, by means of handphones or e-mail addresses of the victim;

'Ad hoc protection order' was issued.

Nevertheless, on September 28, 2018, the defendant was above B around 20:07.