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(영문) 창원지방법원 통영지원 2015.10.23 2015고정512

주거침입

Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 11, 2014, the Defendant found the victim, who was the debtor, at the home of the victim D, Gangseo-gu Seoul Gangseo-gu Seoul Metropolitan Government Carryover 201, to have sought to urge the debtor to pay his/her debt.

The defendant held the father E of the victim who was in his house at the time that he opened the door, and opened the door to the victim's room, and taken the door as a mobile phone and stored things on his book.

Accordingly, the defendant invadedd the victim's residence.

Summary of Evidence

1. Each prosecutor's statement concerning D and E;

1. Each investigation report [E's statement has credibility due to its developments, contents and consistency, and the remaining evidence, it is difficult to view that the defendant entered the victim's room with the explicit or implied consent that the defendant would enter the victim's room and entered the victim's room. In light of the defendant's behavior such as photographing mail, etc. after entering the room, it is sufficient to view that the victim's opposing opinion exists. Thus, the defendant's intrusion upon the victim's residence as stated in the facts of the crime is recognized. Accordingly, the defendant's assertion of the defendant and the defense counsel cannot be accepted] shall be applied

1. Relevant provisions of the Criminal Act and Article 319 (1) of the Criminal Act concerning the selection of penalties;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.