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(영문) 서울중앙지방법원 2017.01.10 2016고정3808
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

1. On September 10, 2016, around 08:20 on September 10, 2016, the Defendant violated the residence of the victim by entering the living room where he reported a new attack, and entering the living room where he reported it, despite the fact that he did not have to enter the house when he found the victim and the victim's house to have a parking problem.

2. The Defendant committed assault, on the ground that the victim met at the time, time, and place, and that the victim met and gets out of the victim’s house, such as taking twice a part of the victim’s entrance, on the ground that the victim took part in the victim’s house.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. Investigation report (this image investigation);

1. Application of the video CD-related Acts and subordinate statutes

1. Relevant legal provisions of the Criminal Act, Article 319(1) of the Criminal Act (the point of intrusion upon residence), Article 260(1) of the Criminal Act (the point of assault) and the selection of fines for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant asserts that Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order [the defendant's act is a justifiable act that does not go against the social norms as an act to plant the ageer's speech without permission.

However, in order to recognize the act as a justifiable act that does not violate social norms and thus is justified, it must meet the requirements such as legitimacy of the motive or purpose of the act, reasonableness of the means or method of the act, balance of the protected interest and the benefit of infringement, urgency, and supplementary nature that there is no other means or method than the act. The defendant is able to see the victim's residence where there was a dispute over parking problems without his/her family's consent.

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