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(영문) 울산지방법원 2017.07.18 2017고단1210

주거침입

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

The defendant is a lessor of the youth publicly notified database in Ulsan Jung-gu C.

On April 12, 2017, the Defendant: (a) around 10:10, the victim E (V, 21 years old); (b) 308 of the aforementioned D Public Notice No. 208, the victim, who was under his/her custody, opened a door to the auxiliary key that he/she was under his/her custody between the victim and the shower; (c) however, the Defendant did not enter the wind to find out the fact and attempted.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant legal provisions concerning criminal facts, Articles 322 and 319 (1) of the Criminal Act that choose a penalty, and the choice of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for the sentencing of Article 334(1) of the Criminal Procedure Act is as follows: (a) the security and injury of the lessee is concerned as the defendant alleged in the sentencing of Article 334(1).

Even if there is a method of contact with a mobile phone, the Defendant opened and opened a door in the room in which female lessee is residing, and thereby, caused the injury to the victim. However, there is no material that the Defendant did not enter the victim's room with the intent to commit other crimes, but rather, as confirmed by the victim's statement, the Defendant closed the visit immediately with the victim, and became aware of the victim who resisted the victim by leaving the door and resisting the victim without leaving or leaving it immediately.

In other words, these circumstances can be seen as supporting the Defendant’s argument regarding the purpose of the visit, and the Defendant’s mistake is in depth and has lived faithfully without any punishment force prior to the instant case.