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(영문) 수원지방법원 2018.04.05 2018고정205

주거침입

Text

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

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

Reasons

Punishment of the crime

Defendant

The victim B(44) becomes aware of the drinking house one year prior to the date of the drinking house, and you are gird.

1. On December 13, 2017, the Defendant: (a) entered a studio house where the victim, on December 13, 2017, 03:44, 1, Dong 1, Dong 1, 105, who alone resides in, and (b) opened a studio house where the victim, under the influence of alcohol, finds it difficult for the victim to open a door without the victim’s permission; and (c) entered the studio into the house against the victim’s will, thereby impairing peace; (d) enter the house against the victim’s will;

2. On the above day, the Defendant appears to the purport that the act of entering the section for common use of the building C, which is a multi-family housing, was constituted by intrusion upon a residence without the victim’s permission, and thus, it is deemed that such act does not interfere with the Defendant’s exercise of the right to defense. Thus, the Defendant’s correction is made accordingly.

As above, the victim, alone, tried to open a door in front of the studio room room where he resides, and to open the studio so that the studio is slicking, and to enter the studio, thereby harming peace in residence against the victim’s will

Summary of Evidence

1. Statement by the defendant in court;

1. B written statements;

1. Application of Acts and subordinate statutes, such as mobile phone photographs;

1. Article 319 (1) of the Criminal Act concerning the facts constituting an offense;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;