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(영문) 대전지방법원 천안지원 2021.02.16 2020고정316

주거침입

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant promising to marry with the victim B to live together;

C Educational tasks have been taken place.

On January 1, 2020, the Defendant: (a) invadedd the victim’s residence by entering the building D (hereinafter “instant residence”) in the building E (hereinafter “instant residence”) in Nam-gu, Southern-gu, Seoul, where the victim and C together live, without the victim’s consent; and (b) infringed upon the victim’s residence more than five times in total from that time until January 23, 2020, as indicated in the list of crimes attached hereto.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes on evidence of content of the police statement in relation to B, two copies of recording, one transcript of recording, and Kakao Stockholm conversation;

1. Relevant Article 319 of the Criminal Act and Article 319 of the Criminal Act and the choice of fines for criminal facts;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. On January 1, 2020, when entering the residence of C around January 1, 2020, the argument No. 1 attached to the crime list Nos. 1, 2020 was merely a visiting purpose, and thus, it does not violate social rules, and in the case of No. 2 or No. 5 of the crime list No. 2 or No. 5, the defendant and the victim did not have a joint residential state, and the victim did not actually violate the peace of the victim’s residence, and there was no intention

2. Determination

A. Under the relevant legal doctrine, the protection of the legal interest in the crime of intrusion upon residence is not the legal concept of the right to residence, but the right to enjoy peace and peace in the living relationship of a private person. However, in a case where there are multiple persons with a right to residence, the consent of one person is contrary to the intention of another resident directly or indirectly, access to the residence is the peace of the residence of a person against his/her will, i.e., the control and management of the residence.