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(영문) 창원지방법원 마산지원 2018.03.14 2017고단1230

특수주거침입

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 12, 2017, the Defendant came before the house of the Victim E, a window of Changwon-si, 18:20 on September 12, 2017, and 201 Dong 101, the Defendant left the door door of the Victim E, and opened the door door through the passage of the Victim, referring to 30cm in total length (30cm in length) and spacks, which are dangerous objects, on the ground that the damaged person did not properly compensate the Defendant for the damage caused by his previous injury, even if he did not compensate the Defendant.

Accordingly, the defendant carried dangerous things and invaded upon the victim's residence.

Summary of Evidence

1. Legal statement of witness E;

1. Photographss and field photographs of CCTV images by capturing them;

1. Each report on investigation;

1. Determination as to the assertion by the defendant and his defense counsel

1. The defendant alleged that he was aware of the victim's entrance door, but did not carry a watch and spacker.

The argument is asserted.

2. In the crime of intrusion upon residence, housing refers to a house itself, not merely refers to a house itself, but includes a summary such as the garden.

Therefore, an elevator used for public use in multi-family housing, such as a multi-household house, multi-household house, apartment house, apartment house, etc., and an elevator, stairs, and corridor are necessarily annexed to each household or household used as a residence, and there is a need to monitor and manage the residents in their daily lives and to protect de facto residential peace. Thus, barring special circumstances, an elevator inside multi-family housing such as multi-household house, multi-household house, multi-household house, apartment house, apartment house, etc., and an elevator inside multi-family housing such as apartment house, common stairs, and corridor constitute a "human's residence", which is an object of a residential intrusion, and intrusion against the residents' explicit or implied intent at the above place constitutes a crime of intrusion upon residence (see Supreme Court Decision 2009Do4335, Sept. 10, 200). According to the evidence mentioned above, according to the evidence, the Defendant’s complaint against the result of the civil judgment at the time of the instant crime, etc.