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(영문) 대전지방법원 2014.04.17 2014고정72

주거침입등

Text

Defendant shall be punished by a fine of 200,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 6, 2013, at around 20:30, the Defendant sought the victim D's house located in Seo-gu Daejeon, Seo-gu, Daejeon, and sought the victim's speech that the victim forced his wife E to commit an indecent act, but the victim forced him to open the gate on the ground that he does not open the door, and continuously entered the gate through the ma, and the victim continued to have opened the door by hand and intruded the victim's residence.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Relevant provisions of the Criminal Act and Article 319 (1) of the Criminal Act concerning the selection of penalties;

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

1. Judgment on the assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant asserts that the defendant was frequently traveling from the victim's house, the entrance door was opened by the victim directly, the victim did not demand the eviction, and the defendant left the victim's house to some extent, and thus does not constitute a intrusion upon residence.

2. In this court, the Defendant stated in this court that “The Defendant: (a) she drawed the first race at the victim’s house and opened the gate several times and opened the gate; (b) she continued to open the gate, sound, and desire to do so; and (c) she opened the gate.”

If the above situation is the victim's act of entering the victim's residence against the victim's explicit or implied intent, it seems that the victim did not want to talk with the defendant even though he was aware of the fact that the defendant had been living in his house and did not want to do so. However, even if the victim's act of entering the victim's residence against the victim's explicit or implied intention in ordinary times, it is reasonable to view that the defendant's act of entering

In addition, the victim has already opened the front door due to the act of the defendant.