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(영문) 수원지방법원 2018.12.20 2018고정1107
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 is a boiler installer and repairer, and the victim C is a person who requested the Defendant to repair and replace the boiler in the Maung-gu D's residence in Young-gu, Young-gu.

Around January 24, 2018, the Defendant: (a) received a request from the victim on January 24, 2018; (b) received a request from the victim; (c) received a recommendation to replace the boiler with a new product; and (d) received a promise from the victim to install the boiler of a new product on February 4, 2018, to pay KRW 4,200,000 to the boiler replacement cost.

However, on February 4, 2018, when the boiler was not installed due to the Han wave and agreed to install a boiler around February 11, 2018, however, the said boiler was dynamicd due to the Han wave around February 6, 2018, and another repair was made to another repair. During that process, the victim and the boiler installed with respect to repair costs and the boiler.

Accordingly, the victim refused to install the boiler scheduled to be installed around February 11, 2018 when demanding the refund of the costs of boiler installation paid to the defendant, and warn him that he would report it to the crime of intrusion upon residence when he installs the boiler without permission.

1. On February 11, 2018, the Defendant affected the victim’s residence by entering the boiler room at the victim’s residence in order to replace the boiler with a new product using the gaps in which the victim’s family members are traveling overseas, and his family members are absent.

2. The Defendant: (a) removed a stove boiler at the same time and place as the foregoing paragraph 1; (b) destroyed the property of the victim on the cost of repair in which the stove boiler was removed.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Around February 6, 2018, the Defendant submitted data to the victim [a] (around February 6, 2018, the Defendant got off the victim’s telephone blocking after the collision with the victim due to the repair of the boiler, so the Defendant was unaware of whether the victim was the intention of refusing to replace the boiler, and was restored to its original state on that spot.

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