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(영문) 서울북부지방법원 2019.08.22 2019고정710
주거침입
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

On December 9, 2018, at around 13:15 on the same day as 09:20, the Defendant infringed upon the victim’s residence by taking advantage of the following: (a) the victim was living in Nowon-gu, Seoul Special Metropolitan City (Seoul Special Metropolitan City), where B was the victim’s husband; (b) the victim was able to demand the payment of consolation money on the ground that he was her her husband’s husband; (c) the gate was flicked with the her husband; (d) the gate was knicked

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Investigation report (attaching text messages);

1. A investigation report (CCTV verification), CCTV;

1. Application of Acts and subordinate statutes to investigative reports (12 reported statement of processing cases and attachment of recorded files);

1. Article 319 (1) of the Criminal Act applicable to the relevant criminal facts and Article 319 (1) of the choice of punishment (generally, choice of fines);

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

1. The summary of the charge under Article 334(1) of the Criminal Procedure Act is that the Defendant intrudes on the victim’s residence in the same manner as the crime on December 9, 2018.

The defendant found the victim's apartment at the above time at the police time, but at the time, the joint entrance door of the above apartment was closed, and the door door was partitioned into a personal phone, but no response was made, and the defendant returned to the police as it is. The above statement is consistent with the defendant's statement, such as the defendant's image on the above apartment (hallway and CCTV) taken at the time, is not confirmed.

Therefore, the evidence submitted by the prosecutor alone is insufficient to recognize this part of the facts charged that the defendant invadeds on the residence by means of opening the door door in front of the victim's entrance, and as long as the defendant takes the door door door door from the victim's co-site apartment house alone, it is difficult to view that the crime of intrusion upon residence is established as long as it cannot be seen that it constitutes the victim's residence.

If so, this part of the facts charged is proven.

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