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(영문) 서울남부지방법원 2016.07.19 2015고정2378

주거침입

Text

The defendant shall be innocent.

Reasons

1. The Defendant is the custodian of Guro-gu Seoul Metropolitan Government D heading 204, which was leased by the victim C.

On May 7, 2010, the victim: E, the owner of the above studio, and the above studio, concluded a lease agreement with a deposit of five million won from May 23, 2010 to May 22, 2011; and entered into a lease agreement with a deposit of five million won; and subsequently, on May 17, 201, a deposit was increased by three million won on residing in the above studio; and on January 5, 2015, the victim notified the lessor of his/her intent to terminate the lease; and on April 2, 2015, the lessor would return the deposit of eight million won after deducting the deposit of eight million won as public charges, such as electricity, etc.

On April 4, 2015, in order to apply for the order of lease registration, the director took a little amount of money such as books and clothes to apply for the order of lease registration, and on April 7, 2015, the Seoul Southern District Court applied for the order of lease registration to the Seoul Southern District Court on April 7, 2015, and on April 20, 2015, on May 1, 2015, by the above court order of lease registration, the house lease registration with the victim as the lessee was completed.

Nevertheless, the Defendant

1. On April 18, 2015, around 11:00, the victim’s office room 204 of Guro-gu Seoul Metropolitan Government Guro-gu (hereinafter “instant studio”) opened without permission using Turkey and intrudes into the house in question managed by the victim by putting the password of the number height changed;

2. On May 7, 2015, around 15:00, the victim opened the front door using Turkey and intruded into the said house managed by the victim.

2. Determination

A. As to the facts charged of paragraph 1, the defendant and his defense counsel asserts that since the victim thought that he would be the director, the secret number of a numberk is replaced by the studio of this case, the crime of intrusion into a residence is not established. As to the facts charged of paragraph 2, the defendant did not enter the studio of this case.

B. Prosecutions have been instituted in a criminal trial for judgment.