(영문) 광주지방법원장흥지원 2020.12.24 2020고정24

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(영문) 광주지방법원장흥지원 2020.12.24 2020고정24

주거침입등

Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

Around November 2017, the defendant and the victim B are adjoining each other with the fenced between the housing site in Gangnam-gun, Gangnam-gun, and there is a dispute between the defendant and the defendant's house at the time when the defendant's house collapses by natural disasters and restores the defendant's house house without compensation, and the appraisal is not good.

1. The Defendant: (a) around March 2018 and around June 2018, the Defendant invadedd the victim’s residence two times in total by holding a warning zone at the said victim’s home address in order to indicate the warning at the victim’s home address located in Gangnam-gun, Jin-gun, Jin-gun; (b) around March 2018 and entering the same into the said house.

2. As a result of a land survey conducted on November 201, 2017, the Defendant was aware that the Defendant was constructing a part of D of the Hanjin-gun, Jeonnam-gun, Jeonnam-gun, Seoul-do, where the Defendant resides, which was located, due to the following: (a) around July 2018, the boundary restoration surveying line at the victim’s domicile was cross-sectioned, and thus, it was impossible to recognize the boundary of the victim’s domicile by means of stockpiling a fence around the time unrefilled boundary.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement to E by the police;

1. Written complaint (a photograph attached thereto);

1. The defendant and the defense counsel asserted that they did not enter the victim's house, and they did not intrude the victim's boundary by walking the boundary restoration surveying line. However, according to the evidence duly adopted and investigated by the court, the following circumstances are acknowledged according to the evidence: (a) investigation report (related to the investigation related to the investigation of the victim's address); (b) investigation report (related to the investigation of the victim's address; (c) investigation report; (d) internal investigation report (related to the fact of the suspect's boundary violation A); (d) internal investigation report (related to the site visit and photographing of the case; and (e) internal investigation report (related to the result of the boundary restoration survey attached to the reception case); and (e) internal investigation report (related to the issuance of the land register

유사 판례

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-창원지방법원 진주지원 2016.08.19 2016고정242

-대구지방법원 서부지원 2015.10.22 2014고단1112