beta
(영문) 서울남부지방법원 2019.10.16 2019고단3529

특수재물손괴등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On May 29, 2019, around 10:20 on May 29, 2019, the Defendant entering a residence went to the second floor of the victim’s residence after being under influence of alcohol through an open gate for the purpose of claiming daily pay to the victim C.

Accordingly, the defendant invadedd the victim's residence.

2. The Defendant of special property damage caused by putting one hack pipe (1.5 cm in thickness, 52 cm in length), which is a dangerous object, in light of the hacker’s hacker’s hacker’s hacks, in the time, place, and large sound as indicated in paragraph (1), and hacks the victim’s market value of KRW 120,000 (50 cm in length, 170 cm in length) to hand, thereby impairing its utility by getting off the victim’s hacker’s market value of KRW 120,00.

Accordingly, the defendant carried dangerous objects and destroyed another's property.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement of C and D;

1. On-site photographs and damaged photographs;

1. The defendant and defense counsel asserted that the investigation report (person for reference E, F telephone conversations) and the victim's defense counsel are not illegal because they enter the conversation only from the victim to the last day through the open door and divided conversations, and they do not have any intention to intrude upon residence or fall under a justifiable act.

However, in the crime of intrusion upon residence, it does not refer only to the house itself, but also includes the above summary, and the math written in the judgment is a place where only the second floor can go through the gate and go up to the second floor by using the gate, and the victim is an exclusive and exclusively managed and used space, and thus the outside person's access is generally restricted. ② The gate was opened and the gate was opened to the outside person's free access to the house is not considered. ③ Even according to the defendant's statement, the defendant can be seen as having been inside the construction site of the victim's house remodeling.