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(영문) 대구지방법원 2016.09.08 2016고단1947

주거침입

Text

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

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

Reasons

Punishment of the crime

The defendant is a person who has internal relations with D, the wife of the victim C.

On December 24, 2015, from around 05:30 the following day to around 05:30, the Defendant entered the victim’s home in Daegu Dong-gu E apartment No. 105 Dong-gu without the victim’s consent and infringed on the victim’s residence in the same way five times in total, as shown in the list of crimes in the attached Table, from January 3, 2016 to January 05, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police of the F;

1. A complaint;

1. Each photograph (the defendant and his defense counsel) asserts to the effect that the crime of intrusion upon residence is not established unless there is any evidence to prove that the defendant entered the place of residence with the explicit consent of Do, one of the co-residential persons, and that the defendant committed an illegal act, such as adultery. However, since the crime of intrusion upon residence is the protected legal interest, the crime of intrusion upon residence is established if the act of entering the place of residence is reduced even though it is against the explicit or presumed intention of the resident or manager, the crime of intrusion upon residence is established. In determining the presumed intention of the absent resident, the purpose, circumstance, method, number of entry, time of entry, personal relations, etc. shall be comprehensively taken into account, and in this case, the defendant's act of entering the place of residence of the victim at the end of P.M. or even after the next day is obviously contrary to the victim's presumed intention. Thus, the above argument is not accepted.).

1. Relevant Article 319 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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