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(영문) 서울서부지방법원 2013.07.25 2012고정1633
주거침입
Text

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

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

The Defendant is the lessor of Eunpyeong-gu Seoul Metropolitan Government Studio 401 (hereinafter “Cudio of this case”), and the victim D is the lessee.

On December 19, 201, when the victim filed a lawsuit against the defendant for the return of the deposit and the claim for damages against the defendant on the ground of defects such as rainwater sung and fung in the studio of this case, the defendant infringed upon the victim's residence by having a man-made father, whose name is unknown, open the entrance and move the door into the door and move the door to the studs stairs, because of the victim's thought that the lawsuit for the return of the deposit and the claim for damages was pending on December 19, 201.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Witness D's testimony;

1. Statement of D police statement;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Articles 319 (1) and 34 (1) of the Criminal Act concerning the choice of criminal facts;

1. Determination on the assertion of the defendant and his/her defense counsel under Articles 70 and 69(2) of the Criminal Act for the confinement of the workhouse

1. It is true that the defendant had the body of the defendant enter the studio of this case in order to care the body of the victim.

However, prior to the cancellation of the lease contract with the victim for the room of this case, the defendant agreed to newly lease the room of this case to the other party, and in accordance with the above agreement, the defendant let the other party enter the room of this case for the purpose of laying down the body of the victim in the room of this case. Thus, the defendant's act is in accordance with the agreement with the victim, and therefore, the defendant asserts that the defendant is not guilty.

2. However, the determination is based on the following facts: (a) the victim leased the studio of this case from the Defendant and then left the key to the Defendant for repair and navigation; (b) however, there is no fact that the victim left the key for lease to another person.

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