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(영문) 광주지방법원 순천지원 2015.07.23 2015고단397
주거침입
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On December 19, 2014, the Defendant was indicted for violating the Protection of Communications Secrets Act by the Gwangju District Court's Mancheon Branch on December 19, 201, and currently pending appellate trial.

On February 1, 2015, while the Defendant was indicted for violating the Protection of Communications Secrets Act by recording conversationss E (50 years of age) and F, and was tried on February 1, 2015, the Defendant sought at the victim’s house to reach an agreement with the victim, but the victim did not intend to reach an agreement with the Defendant, and the victim demanded the Defendant to look at the victim’s house.

Nevertheless, on February 6, 2015, in order to attempt to reach an agreement with the victim on February 6, 2015, the defendant entered the house of the victim in P in order to reach an open gate, and invaded the victim's residence.

Summary of Evidence

1. The defendant's partial statement (a statement to the effect that he/she has entered the victim's house such as the time of indication);

1. Legal statement of witness E;

1. Statement to E by the police;

1. A written statement of Q;

1. Previous records: Application of criminal records, inquiry reports and investigation reports (report attached to decisions on suspect-related cases) and other Acts and subordinate statutes;

1. Relevant Article 319 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. As to the Defendant’s assertion of Article 186(1) of the Criminal Procedure Act, the Defendant alleged that the crime of intrusion upon a residence against the victim’s will was not committed because the victim did not explicitly express his/her intention to see that it was inside the house. However, according to the evidence supra, the crime of intrusion upon a residence is the crime of impairing the peace of the other person’s residence. According to the aforementioned evidence, the Defendant was indicted for the fact that the victim’s conversation was recorded without permission and was pending in the trial, and thus, the victim and his/her family living together with the victim.

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