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(영문) 부산지방법원 2019.10.10 2019고정888

주거침입

Text

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

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

Reasons

Punishment of the crime

The Defendant was married on March 20, 2016 with the victim B (the age of 31) and the Defendant was living in a de facto marital relationship without filing a marriage report. On September 2018, the de facto marital relationship was destroyed, and the de facto marital relationship was destroyed with the victim.

On January 7, 2019, at around 11:00, the Defendant opened a door between the victim-friendly E in the house and the ward and the room, in order to take food, cleaning equipment, etc. between the victim and the victim without the victim, and forced them to open the key door.

Accordingly, the defendant invadedd the victim's residence.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of each police statement related to B and F;

1. Application of statutes on site photographs;

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

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

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

1. The defendant's act of claiming is a justifiable act that does not go against the social norms and is not illegal.

2. Since the judgment of the defendant and the victim are pending in the lawsuit claiming consolation money and division of property due to a de facto marriage destruction as a main lawsuit and counterclaim, it is reasonable for the defendant to adjust the ownership and possession relationship of the above goods through the above legal proceedings, and there is no circumstance for the defendant to urgently recover the above goods.

In addition, even though the victim's friendship in the house listens to the right of birth, and the door refers to the entry of the defendant by opening a door, the defendant went into the house without disregarding it.

The defendant found his animals, and distorted his house, left his house to North Korea, and returned his house after receiving the victim's resistance.

This is the peace of the victim's residence.