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(영문) 인천지방법원 2018.07.18 2018노207

주거침입

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, misunderstanding of facts, while paying living expenses to the victim for about two years, maintained a de facto marital relationship with the victim while maintaining a de facto marital relationship with the victim. On the following day, the Defendant requested adjudication from the victim, and entered the joint entrance of the victim to possess his/her clothes and belongings, and did not cause any particular harm to the victim.

Nevertheless, the judgment of the court below which convicted the Defendant of the facts charged of this case is erroneous and adversely affected by the judgment.

B. The sentence sentenced by the lower court to the Defendant (an amount of two million won) is too unreasonable.

2. Determination

A. We examine the assertion of misunderstanding the facts. In the crime of intrusion, we do not simply refer to the house itself, but include the above summary, such as the fixed number. Since elevators, stairs and corridors used for public use in multi-household houses, such as multi-household houses, multi-household houses, apartment houses, and apartment houses are essential parts for the exclusive use of each household or household used as a residence, and there is a need to protect the peace of residence in light of the residents’ daily lives and in fact, elevators, public stairs and corridors inside multi-household houses such as multi-household houses, multi-household houses, multi-household houses, apartment houses, and apartment houses, etc. fall under the "human's dwelling" which is the object of the crime of intrusion, barring special circumstances, and intrusion against the residents' explicit intent or implied intent, the defendant is not guilty of the charges of intrusion (see, e.g., Supreme Court Decision 2009Do435, Sept. 10, 209).