beta
(영문) 수원지방법원 안산지원 2014.06.25 2014고정146

주거침입

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Criminal facts

At around 00:10 on August 21, 2013, the Defendant invadedd the residence of the victim by entering a narrow channel between the wall and the room, with the boundary line between the room where the victim D resides in the unit C public house 101 (in the underground) in Ansan-si, Ansan-si.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Written statements prepared in D;

1. Application of CCTV image CD-related Acts and subordinate statutes;

1. Relevant Article 319 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

3. The defendant and defense counsel on the assertion of the defendant and defense counsel under Article 334(1) of the Criminal Procedure Act of the provisional payment order asserts that at the time of the crime, the defendant and defense counsel only sent out the outdoor equipment installed on the defendant's house outer wall from the defendant's house to the victim's house, and they did not bring the victim's room through the victim's house window.

The following circumstances acknowledged by each of the above evidence, i.e., (i) the victim consistently opens a window from the investigative agency to the court by opening the window, and then connects E using mobile phones at the location of the window. The victim stated consistently that: (i) the victim parked the vehicle before the investigation agency to his own house after leaving the vehicle without viewing the video images at the scene of the crime; and (ii) the victim expressed consistently that the victim took the vehicle immediately after leaving his house before leaving his house until viewing the scene of the crime (the investigative record No. 6, 23) while doing the same behavior at the same place; and (ii) the victim's house and the victim's house, who is the crime scene, who took the streth of the face and the streth of the stre that he took the streth, and discovered the Defendant who was last going through his house (the witness D's statement, the investigation record No. 7, 30 pages).