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(영문) 서울중앙지방법원 2018.02.07 2016고정3730

주거침입등

Text

Defendants are not guilty.

Reasons

1. Facts charged;

A. Defendant A1) On May 2016, the Defendant infringed upon a residence by entering the victim’s residence through the Gangnam-gu Seoul Special Metropolitan City G 302 Ba, which was owned by the Victim F (68 Do) in early May 2016.

2) The Defendant destroyed property at the above date, time, and place, replaced the entrance door locks owned by the victim at the market price, thereby impairing its utility.

B. Defendant B: (a) entered the victim F’s residence at the Gangnam-gu Seoul 2nd floor office, Gangnam-gu Seoul 2nd floor office to replace the victim’s hack; and (b) instigated Defendant A to commit the crime.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court, the evidence alone presented by the prosecutor alone is insufficient to acknowledge the fact that the Defendants invaded the same as the above facts charged was a building owned by the victim, and there is no other evidence to acknowledge this otherwise.

A. Defendant A, under the instruction of Defendant B, recognized the fact that he entered the building and replaced the locks in the same manner as the facts charged, but the place where Defendant A entered was not the real estate listed in the separate sheet (hereinafter “instant building 302 (Registration)”) but the 303 (Registration) adjacent thereto, and at the time 303 (Registration) (Registration) was omitted.

argument is asserted.

B. On October 2, 2015, H sold the instant building 302 (Registration) to the victim, and completed the registration of transfer of ownership on the 10th of the same month.

(c)

However, according to the building floor plan on the building management ledger of the building of this case, when the building of this case sees the front side from the road direction, all households were granted the number of houses from the end of the left side to the right side as shown below and approved to use. In fact, the number of units per each household of this case is indicated as 1, 2, 3, and 4 toward the left side from the end of the right side to the right side.