beta
(영문) 의정부지방법원 2015.07.02 2014고정1675 (1)

주거침입

Text

A defendant shall be punished by a fine of 500,000 won.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

around 15:00 on March 28, 2014, the Defendant infringed upon the victim’s residence by entering the victim’s eiart E, E, E, E, E, Dong 202 in Pyeongtaek-gun, Gyeonggi-do, where the victim C was leased and live.

around 2009, the Defendant: (a) concluded a joint contract with the Victim C (the 34 years of age) to lease five guest rooms, including Eriart E 202, and water skiing ground; and (b) to distribute profits; (c) subsequently, due to disputes arising from the distribution of profits and the return of rent deposit, the victim occupied and used E-dong 202, etc.; and (d) on March 28, 2014, the Defendant filed a complaint against the above E-dong 202 as a crime of intrusion upon residence and issued a summary order. Accordingly, the Defendant was aware that the Defendant did not want the Defendant to enter the above E-dong 202.

On September 27, 2014, around 19:00, the Defendant attempted to intrude into the residence of the victim by opening an entrance at the space where the victim went out without opening the door, and by viewing it, around September 27, 2014.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police interrogation protocol against the accused;

1. Each police statement of C;

1. A contract for the same business;

1. Application of Acts and subordinate statutes of each written confirmation;

1. Relevant Article 319 (1) of the Criminal Act and Articles 319 (1) of the Criminal Act (the point of intrusion upon residence, the choice of fines) and Articles 322 and 319 (1) of the Criminal Act (the point of attempted intrusion upon residence, and the choice of fines) concerning criminal facts;

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;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;