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(영문) 광주지방법원 2016.08.11 2016고정511

폭행등

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The Defendant stated that around November 18, 2015, around 23:49, the Defendant entered the Defendant’s wife D house of the Defendant living separately in Gwangju Mine District C and 302, about November 18, 2015.

At the same time, the closed door is not opened, and the door is opened, and the part of the victim's shoulder was pushed down and entered the living room.

Accordingly, the Defendant assaulted the victim as above and invadedd the victim’s residence.

The Defendant refused to enter the front door and did not open the front door, and the close door open and enter the front door, and there is a ditch between them. The Defendant, on the left side of the victim on the chest side, pushed off the victim into the living room, and committed assault against the victim’s shoulder, where the victim’s shoulder is faced with the front door closed door.

Summary of Evidence

1. D Legal statements;

1. Some statements made in the police interrogation protocol concerning E;

1. A written diagnosis of injury (D) (the crime of intrusion upon residence is a de facto legal interest to protect the peace of residence, and thus the resident or manager has the authority to reside in or manage the building, etc.);

The establishment of a crime does not depend on the establishment of a crime, and even if a person who has access to the building is permitted due to the relationship with the resident or manager, if the act of entering the building was committed in spite of the explicit or presumed intention of the resident or manager (see, e.g., Supreme Court Decision 94Do336, Sept. 15, 1995). The following facts revealed by comprehensively taking account of the above evidence and records, namely, ① the defendant was released from the above residence in a legally marital relationship with the victim and was living together with E at a different place from around May 2014; ② the defendant filed a lawsuit claiming a divorce, etc. against the victim with Gwangju Court 2014Ra12516, Nov. 13, 2015. < Amended by Act No. 13287, May 13, 2015>