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(영문) 제주지방법원 2020.09.11 2020고정169

주거침입

Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

From July 2018 to Jeju, the Defendant was living together with the victim B and the Ddong (Edong stated in the indictment) of the C Building D (Edong is a clerical error) in order to liquidate the relationship with the victim. On January 2019, the Defendant removed from the above building on and around May 2019.

On June 4, 2019, at around 21:00, the Defendant found the above C building F (hereinafter “the instant sublet”) where the victim resides, and changed to open a door by opening the entrance, opening the entrance, etc. However, the victim refused to do so and the police officer did not open the entrance even after the disturbance, such as dispatch of the entrance, etc. upon receiving a report 112, even though the victim did not appear, the Defendant went away from his residence to move out of the residence to the convenience store, and the password used while living with the victim was invaded on the victim’s residence by opening the lock door and entering the door.

Summary of Evidence

1. Each police statement concerning B and G;

1. A H statement;

1. The petition for accusation, the 112 Reporting Report List, and the table of table photo (hereinafter June 4, 2019) (the defendant and his/her defense counsel owned by the defendant, and therefore, the defendant did not have any intention to intrude upon his/her residence. The crime of intrusion upon his/her residence is against the will of the possessor, even though he/she is the owner of the house because the crime of intrusion upon his/her residence is the de facto protected legal interest protected by the law, and thus, he/she entered the house against the will of the possessor, the crime of intrusion upon his/her residence is established. At the time, the victim did not open the door to the defendant who found the instant Ba, but entered the instant Ba because the victim entered the Defendant’s password by entering the password he/she was known to him/her, and thus, the defendant’s intention can be recognized

1. Relevant Article 319(1) of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of fines.