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(영문) 대전지방법원 천안지원 2019.02.20 2018고정716

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

The defendant is a person who is in a marital relationship with the husband of the victim B.

Around January 4, 2018, the Defendant used the gap in the victim's house located in Asan City D, and moved his own body to live together with the above E against the victim's will and thereafter resided in the victim's residence until January 10, 2018.

Accordingly, the defendant invadedd the victim's residence.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Statement of the accused and C in the suspect examination protocol of the accused by the prosecution;

1. Application of each police protocol of statement C to the Act

1. Relevant provisions of the Criminal Act and Article 319 (1) of the Criminal Act concerning the selection of penalties;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Summary of the assertion

A. The victim is not a spouse of legal marriage between C and C, and the victim does not have a de facto marital relationship between C and C, and the defendant is not a residence holder. Thus, the defendant cannot be deemed to have invaded upon the victim's residence.

B. The Defendant’s residing in C’s residence is due to the understanding of C, which is a residence holder, and thus does not constitute a constituent element of the crime of intrusion upon residence.

2. Determination

A. According to the evidence duly adopted and examined by this court, the following circumstances can be acknowledged.

1) The victim’s residence located in Asan City D (hereinafter “instant residence”) in this Court.

A) A stable with C residing together with C, raising 200 maws. From September 2017 to December 2017, 2017, a stable in the vicinity of the instant residence (hereinafter “the instant mawshouse”).

Royang moved 200 Mari in succession, and even before January 4, 2018, the instant residence and the instant stable have been located.

At the same time, this case.