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(영문) 수원지방법원 여주지원 2013.03.29 2012고단1088
주거침입
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

At around 08:20 on October 1, 2012, the Defendant invadedd the victim’s residence by entering the victim’s house, without the victim’s permission, on the ground that the victim’s house was located in G (44 years of age) in G, which was located in G, Gyeonggi-gu, Gyeonggi-do, and Gyeonggi-do, and that it was the length of the victim’s house going back to his parents’ grave, and leaving the house without the victim’s permission, and leaving the house for about 20 minutes.

Summary of Evidence

1. Each police statement concerning D;

1. The ordinary building ledger;

1. On-site photographs and photographs;

1. Application of Acts and subordinate statutes to investigation reports (attached to documents submitted by victims);

1. Relevant Article 319 (1) of the Criminal Act concerning the crime and Article 319 (1) of the Criminal Act concerning the selection of fines (including the selection of fines and the circumstances leading to the crime in this case);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Determination of not guilty of the defendant under Article 334(1) of the Criminal Procedure Act of the provisional payment order

1. The gist of the defendant's assertion is that the defendant holds 1/5 shares of the victim's land at the end of the house (hereinafter referred to as "the land at home of this case"). The victim's house division is not clear, and the victim illegally occupies the land at home of this case, which is another person's ownership. Thus, even if the defendant went to the above end, the crime of intrusion upon residence is not established.

2. The crime of intrusion upon residence is classified as the protected legal interest of the crime of intrusion upon residence. Thus, the issue of whether a resident or a guard has a right to live in a building or a structure does not depend on the establishment of the crime, and even if possession is carried out by an unrelated person, peace of the residence must be protected. Thus, in realizing that right, if a right holder intrudes upon residence or a structure without following the procedure prescribed by the Act, the crime of intrusion upon residence is established.

(see, e.g., Supreme Court Decision 83Do1429, Apr. 24, 1984). However, according to each of the above evidence, the victim is the victim.

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