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(영문) 울산지방법원 2016.12.22 2016고정292

주거침입

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is between the victim D (math, 30 years of age) and the victim's return.

On December 8, 2015, the Defendant entered the password of the victim E and 202 at Yangsan-si, Yangsan-si on December 8, 2015, and opened the entrance door and entered the front of the new launch.

Accordingly, the defendant invadedd the victim's residence.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Investigation report (Investigation Record 26-28 pages) asserts that the crime of intrusion upon residence is not established because the defendant entered the studio building in which the victim resides but only opened the studio studio room room of the victim, and did not enter the studio room of the victim. The crime of intrusion upon residence includes not only the house itself but also the above summary such as the fixed number of houses. Therefore, elevator, stairs and corridor used for public use in multi-household houses, such as multi-household houses, multi-household houses, apartment houses, and apartment houses, are naturally annexed to the exclusive part of each household or household used as a residence, and there is a need to protect the peace of actual dwelling. Thus, the act of the defendant and his/her defense counsel constitutes a crime of intrusion upon residence of the victim, which is the object of the crime of intrusion upon residence, except in extenuating circumstances. < Amended by Presidential Decree No. 19093, Mar. 19, 200>