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(영문) 광주지방법원 목포지원 2014.03.31 2013고단1580

주거침입등

Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. Violation of the Road Traffic Act;

A. On September 5, 2013, from around 16:00 to 20:00, the Defendant, without a car driver’s license, driven a Bsch Rexton car from around 300 km to the front day of the 101 foot Village apartment in the New-dong, Yangcheon-gu, Seoul, Seo-gu, Seoul to about 423-2.

B. On September 21, 2013, from around 23:00 to 24:00, the Defendant, without a motor vehicle driver’s license, driven Bsch Rexton motor vehicle at approximately 70km from the front side of a lot set at 423-2, Seo-gu, Seo-gu, Seo-gu, Gwangju to the front side of the GS convenience store located at Sinpo-si.

2. At around 00:20 on September 22, 2013, the Defendant entering a residence intrusion: (a) female voice at the victim D’s house in the victim D’s house was considered to have taken out the kne height, and (b) went into the kne group more than kne kne height and into the kne group, thereby infringing on the victim’s house by examining the said D’s house site for about three minutes through the window.

In the crime of intrusion upon residence, housing does not merely refer to a house itself, but includes the above summary. Thus, even in a case where the act was conducted through a window, if the act was conducted in the space between the wall and the room of the house, it constitutes an intrusion upon residence (see, e.g., Supreme Court Decision 2001Do1092, Apr. 24, 2001). The place where the defendant had a way to do so is clear that it was provided for the use of the above C building in its location and structure.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement made by witnesses E in the third protocol of the trial;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to certificate of driving career;

1. Relevant legal provisions concerning facts constituting an offense, and subparagraph 1 of Article 152, Article 43, and Article 319 (1) of the Criminal Act (the occupation of driving without a license and the choice of fines) of the Road Traffic Act that choose a penalty;

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

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