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(영문) 수원지방법원 안산지원 2017.10.26 2017고단712

특수주거침입

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 25, 2017, the Defendant: (a) around 01:10, the female-friendly group of women living together did not enter the house after saving with each other; (b) carried a dangerous weapon into the clothes of the victim, and opened the door in front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the female-child group of women-child group of women-child group of women in Ansan-gu where the victim C is living. The victim sought the front of the front of the front of the front of the front of the female-child group of women-child group of women-child group of women in his house; and (c) pushed the victim into the front of the front of the front of the front of the front of the front and the front of the front of the said house. Accordingly, the Defendant intruded the victim’

Summary of Evidence

1. Partial statement of the defendant;

1. Determination as to the witness C and E’s respective legal statements and defense counsel’s assertion

1. The Defendant was in possession of excessive points and did not enter the victim’s house before the victim’s door door.

The argument is asserted.

2. According to the consistent statements made by the investigating agency and the court, the fact that the defendant has entered the victim's house is recognized, and the witness's statement also conforms to this.

The defendant did not enter the house.

Even if public stairs and corridors inside a multi-household detached house or multi-family housing constitute “human habitation” which is the object of a crime of intrusion, barring special circumstances (see Supreme Court Decision 2009Do3452, Aug. 20, 2009, etc.). In light of the fact that if the victim knew that he/she is in excessive possession, it would have not permitted access to the defendant’s residence, there is no doubt as to the establishment of special residence intrusion.

Therefore, the above argument cannot be accepted.

Application of Statutes

1. Articles 320 and 319 (1) of the Criminal Act relating to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under the main sentence of Article 186(1) of the Criminal Procedure Act, the age, sex, environment, and circumstances leading to the instant crime.