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(영문) 수원지방법원 2018.09.13 2017고정2026

주거침입등

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

Punishment of the crime

The Defendant, from the related persons of the hospital in which her husband had worked as her husband, her husband was in the relationship with the victim B, and her husband was aware that her husband removed KRW 50 million from B, and her husband was found to have returned KRW 50 million from her husband to her husband.

1. On February 1, 2017, the Defendant violated his residence, around 19:05, and around 19:05, the entrance level was divided in front of the house of the victim of the apartment building C, and the entrance level was divided.

In order to confirm this, the victim entered the victim's house to the lessor who made a telephone conversation and intrudes on the victim's residence by making the victim's door "the victim has opened the door."

2. On the same day, at around 19:15 of the above day, the injured Defendant stated in the indictment that he would be able to get the body of the injured on the ground that the injured Defendant does not get clothes from the front corridor of the said injured party’s house and hold the body of the injured party several times and get off the body of the injured party. However, the indictment was written to get off the injured party’s body. However, it cannot be said that the Defendant would be off the part of the injured party from the beginning to the extent that it does not interfere with the Defendant’s exercise of the right of defense. Thus, the indictment is amended to the extent that it

In several times the head, etc. and the head, etc. of the mobile phone were made several times.

As a result, the Defendant inflicted bodily injury on the victim, such as the shoulder and the spambling of the arms that need to be treated for about three weeks.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness B and E;

1. Criminal place and investigation report (Submission of a written diagnosis of injury);

1. Judgment on the assertion of the defendant and his/her defense counsel

1. Summary of the assertion

A. In regard to intrusion upon residence, the Defendant obtained the victim’s permission and entered the victim’s residence, and the Defendant’s child, with the consent of the victim, used the toilet, and thus, the crime of intrusion upon residence is not established.

B. In regard to the crime of injury, the Defendant uses the damaged person or handphones.