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(영문) 대전지방법원 2017.02.16 2016고정1475
주거침입
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

On April 28, 2016, at around 01:40, the Defendant came to the residence of the victim C, which was located in Daejeon Seosung-gu B building 301, and opened the door to the front door of the house, and entered the door to the front door of the house.

After that, the defendant was demanded to leave the above residence from the damaged person several times, but did not comply with the demand.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of suspect C by the police;

1. The defendant asserts to the effect that his act is a justifiable act by asserting that it is a lawful act that the victim has entered the door and attempted to talk with him in response to the request for eviction by opening the door.

In light of the overall circumstances revealed in the records, such as the purpose and time of the defendant's finding in the victim's residence, and his behavior within the victim's residence, it cannot be said that the defendant's behavior does not go against social norms.

We do not accept the above argument.

Application of Statutes

1. Article 319 (2) and Article 319 (1) of the Criminal Act applicable to the relevant criminal facts and Articles 319 (2) and (1) of the Criminal Act that choose a penalty;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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