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(영문) 의정부지방법원 2018.10.11 2018고정958
주거침입
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The Defendant, who is her husband, is clear that “F” as stated in the written indictment of the victim D, following the Defendant’s death, is a clerical error in “D”, and thus, is corrected as above.

In order to lend money to the fraud E, the beneficiary was found in the residence of the victim and the husband was able to identify the whereabouts of the husband after receiving a loan certificate.

around 20 December 20, 2017, the Defendant: (a) around 23:00, in front of the common view of the victim’s residence in G apartment house 108, G apartment house 108; (b) the Defendant divided the beginning of the joint view into three to four occasions; (c) but the victim did not open the door, and (d) divided the victim’s entrance into the victim’s house and intrudes the victim’s residence. The victim invadedd the victim’s house by entering the front door.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and E;

1. Papers, voluntary accompanying reports, investigation reports, and documents submitted by suspects;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 319 of the Criminal Act applicable to the crime, Article 319 of the Criminal Act, the selection of fines, and the selection of fines;

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

1. The defendant and his defense counsel on the issue of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order asserts that since the defendant entered a victim's residence with the victim's understanding, there was no intrusion upon the victim's residence, such as the facts charged in the instant case.

Residence in the crime of scambling and intrusion upon residence;

It does not merely refer to a house itself, but includes the above summary, such as the fixed number of houses (see Supreme Court Decisions 82Do1363, Mar. 8, 1983; 2001Do1092, Apr. 24, 2001, etc.). The stairs and corridors used for public use in multi-family housing, such as multi-household houses, multi-household houses, apartment houses, apartment houses, etc., are necessarily annexed to the parts exclusively used for each household or household, and are determined by the residents.

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