(영문) 서울서부지방법원 2020.04.09 2019노1585

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울서부지방법원 2020.04.09 2019노1585

주거침입

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts: (a) The Defendant was aware of the victim’s residence due to the victim’s door-to-sing, and the victim entered a singing room, thereby entering the building to confirm whether the victim works in singing room; and (b) there was no intention to enter the building; (c) the lower court’s sentence of unreasonable sentencing (5 million won of fine) is too unreasonable.

B. The Prosecutor’s sentence of the lower court (a fine of five million won) is too unhued and unreasonable.

2. Determination

A. The crime of intrusion on residence is established as an intrusion on the residence against the will of the resident, and thus, the intention as a subjective constituent element of the crime is to recognize and refer to it.

The stairs and corridors used for public use in multi-family housing, such as detached houses for multi-household, multi-household houses, non-family houses, apartment houses, etc., shall, except in extenuating circumstances, be deemed "residential of people" as objects of residential intrusion.

(See Supreme Court Decision 2009Do3452 Decided August 20, 209). According to the evidence duly adopted and examined by the lower court, the Defendant: (a) went through the same subway station on June 28, 2019 with the mind of having the victim discovered in the subway station; (b) based on the residence of the victim getting out of the same bus and getting out of the same subway station; (c) the building in which the victim is living is on the first floor and the fourth floor above the ground; (d) singing, the second floor through the fourth floor above the underground; (c) the victim was living in the third floor; (d) the victim went out of the stairs between the second and third floor; and (d) the victim escaped as it was. In light of the above legal principles, the Defendant sufficiently recognized that there was an intention to intrude residence at the time; and (d) the circumstances alleged by the Defendant do not interfere with the recognition of intention.

The defendant's assertion of mistake is without merit.

(b).

참조판례

-대법원 2009. 8. 20. 선고 2009도3452 판결

유사 판례

-수원고등법원 2020.04.29 2020노62

-수원지방법원 2014.11.06 2014노1655

-대전지방법원 2012.11.30 2012고단1909 (1)

-인천지방법원 2019.06.21 2018노4242

-서울남부지방법원 2020.11.23 2019노2774