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(영문) 서울동부지방법원 2016.01.27 2015고정1109
주거침입
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On March 30, 2015, around 13:20, the Defendant opened the victim D entrance door, the lessee of the Defendant’s building 201 located in Seongdong-gu Seoul, Seongdong-gu, Seoul, using the keys that had against the victim’s will and infringed upon the victim’s residence.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Application of Acts and subordinate statutes to a copy of the monthly rent contract for multi-family houses;

1. Article 319 of the Criminal Act applicable to the crime and Article 319(1) of the Criminal Act regarding the selection of punishment [the defendant and his/her defense counsel] [the defendant and his/her defense counsel] enters the victim’s residence at a sporade for fear that contact with the victim may not be contacted. As such, there was an affirmative consent from the victim

It argues to the effect that it constitutes a justifiable act.

However, according to the above evidence, the defendant appears to have entered the victim's residence in order to verify whether a lease agreement on the defendant's building 201 between the real estate broker and the victim was established.

However, the Defendant could have confirmed the establishment of the above lease agreement through a real estate broker, and at the time, the Defendant was locked by the above 201, and considering that it was sufficiently possible for the Defendant to see that the Defendant’s act constitutes a justifiable act or the victim’s constructive consent was given with respect to such act.

It is difficult to see it.

Therefore, the above assertion by the defendant and his defense counsel cannot be accepted.

1. A fine of 700,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59 (1) of the Criminal Act of the Suspension of Pronouncement of Sentence (see, e.g., age, sex, intelligence and environment of the defendant, circumstances leading the defendant to commit the crime in this case, details leading the defendant to commit the crime in this case, agreed with the victim, and primary

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