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(영문) 서울남부지방법원 2013.10.10 2013고정1313

주거침입

Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. On December 14, 2012, the Defendant violated the victim’s residence by opening a door door of the victim’s residence that was not corrected on the ground that he installed the victim’s computer and did not know any balance, around December 14, 2012, at the residence of the victim E (ma, South, and fifty-six years old) of the D3rd floor in Yeongdeungpo-gu Seoul Metropolitan Government.

2. Determination

A. The Defendant’s assertion by the defense counsel is consistent from the investigative agency to the present court. At the time of the instant case, he/she only opened the entrance door of the victim’s residence and opened the house, and there is no fact that he/she enters the entrance, and thus, he/she does not lead to an intrusion on his/her residence.

B. (1) Determination is that the victim E’s legal statement is not present at the time and most of its employees, and the F, its employees, and the most important evidence is F’s statement.

(2) However, at the prosecutor's office, F observed that, at the time, the Defendant was opened from the entrance of the third floor entrance of 3rd floor, the Defendant appeared to open a visit within the Defendant. However, the Defendant's mother, who was accompanied by the Defendant, was between the second and the third floor stairs. The above stairs were a narrow steel stairs with the width of 1m and two persons are difficult to pass at the same time, and F went to the third floor of 3rd floor, and it is without merit that F went to the direction of the second and the third floor of 3rd floor. ② In this court, F entered the 1st floor and the second floor of 1st and the second floor of 3rd floor, and C was out of the 3rd floor of 3rd floor of 2nd floor, and C was out of the 3rd floor of 3rd floor of 2nd floor of 2nd floor of 2nd floor of 2nd floor of 3rd floor of 2nd floor of 2nd floor of 2nd floor of 2.