폭력행위등처벌에관한법률위반(공동주거침입)
The defendant shall be innocent.
1. The summary of the facts charged and C managed the Etel No. 402, etc. at the time of Bapo-si in which the victim D resides.
The defendant and C rejected the victim's request through the open entrance to demand deposit and monthly rent from the above-D officetels to the present room without the victim's permission, without any justifiable reason.
Accordingly, the defendant infringed upon the victim's residence in common with C without permission.
2. Determination
A. As shown in the facts charged, each statement of D's investigative agency and the witness F's legal statement are difficult to believe in light of the following circumstances acknowledged by the record:
① At the time of the instant case, D was under the influence of alcohol, and it seems that there was a complaint to the successful bidder or the manager of the building due to concerns over delivery execution, etc. due to the auction of officetels.
D When filing a complaint with a person who is not the defendant, she stated that "the male who had been seen as 60 years of age" was stated as "the number of male who had been seen as 60 years of age" (the supplementary statement for the complaint), and the defendant who is 30 years of age is considered as 60 people, and it is highly likely that he/she made a false statement by exaggeration the situation under the influence of alcohol when he/she was dissatisfied with
② In addition, according to the record, it seems that D/F’s misunderstanding of F with Defendant 1’s daily behavior at the time of F’s her bucking, and the following sprinking circumstances are terminated.
If F was in accordance with the F’s partial statement, there was a disturbance from the corridor if F was in accordance with the bucking in the entrance.
It is difficult to see it.
In that sense, according to the statements made by the residents of Nos. 203 and 405 on the investigation records, D and the defendant argued that they were dissatisfied with the corridor.
On the other hand, the F made a statement that there was only one person at the entrance or entrance of the entrance, and it is doubtful whether F is true that the situation at the time is accurately memory, and that the Defendant entered into the entrance.