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(영문) 수원지방법원 여주지원 2019.06.03 2018고정571

주거침입미수

Text

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

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

Reasons

Punishment of the crime

On August 17, 2018, the Defendant had been living together with her husband and her husband B around 22:02, and had been living together with her husband and her victim B, and had been living in front of the Da Apartment-si apartment D, E. However, the Defendant had infringed upon the victim’s residence, such as her opening the door, her gate, taking a bath to the gate, and her knife his knife the knife, and her knife the knife knife knife knife.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes on witness B’s statutory statement;

1. Relevant Articles 322 and 319 (1) of the Criminal Act concerning facts constituting an offense;

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

1. Whether it constitutes a justifiable act of judgment as to the issue of Article 334(1) of the Criminal Procedure Act, or whether the defendant's assertion by the defendant and his defense counsel constitutes a justifiable act of judgment as to the issue of Article 334(1) of the Provisional Payment Order, because the defendant's assertion by the defendant and his defense counsel had been found in the victim's house because they had been located in the victim's house, and the victim did not open the door and opened the door. Thus, the defendant's act constitutes a justifiable act not violating the

Judgment

"Act which does not violate social norms" under Article 20 of the Criminal Act refers to an act which is acceptable in light of the overall spirit of legal order, or the social ethics or social norms surrounding it, and it is reasonable to determine the illegality of a certain act as a legitimate act that does not contravene social norms, based on specific circumstances. Thus, to recognize such legitimate act, the requirements such as legitimacy of the motive or purpose of the act, reasonableness of the means or method of the act, balance of the legal interests of the protected interests and infringed interests, urgency, and supplementary nature that there is no other means or methods than such act.