(영문) 수원지방법원 2013.06.19 2013고단611

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(영문) 수원지방법원 2013.06.19 2013고단611

주거침입

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Around August 2012, the Defendant was aware of the fact that D’s husband E was in a bad faith relationship with D’s victim F.

The defendant knew the fact that D had the victim's residence in order to keep the victim, and had the victim find the actual place of residence for D for D.

On August 8, 2012, the Defendant obtained the victim's cell phone number (G) from the first police officer D on August 2012, the Defendant called the victim's cell phone number (G), provided that the Defendant would give free gifts to the victim, who is an employee of the company with limited liability, and would give free gifts to the victim upon responding to the survey, and the victim's address was called H building No. 4205 when the victim's address was commercialized.

On August 9, 2012, the Defendant: (a) around 15:00 on August 15, 2012 in order to verify whether the victim actually lives in the above address, the Defendant called the victim’s house in order to directly deliver free gifts to the victim; and (b) at the time, the victim, who reported the head in the nearby Mart, returned to the house.

After having the victim returned to the house, the defendant entered the building through the central entrance of the first floor of the building that was not corrected, and moved to the 42th floor, and then the victim arrived and intruded into the house of the main owner by opening the door door.

Accordingly, the defendant invadedd the victim's residence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police against F (No. 10 No. 5 of the evidence list);

1. Application of Acts and subordinate statutes to visiting vehicles photographs and CCTV photographs;

1. Article 319(1) of the Criminal Act applicable to criminal facts, Article 319(1) of the Act on the Selection of Punishment, Article 319(1) of the Act on the Selection of Fine, and Article 10(1) of the Act on the Punishment, etc. of Specific Crimes, the period of time for the victim’s residence is less than ten minutes, and there was no exercise of physical power at the time of the victim’s intrusion, and there are some circumstances that may be somewhat considering

참조조문

-형법 제319조 제1항

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