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(영문) 광주지방법원 2020.11.19 2020고정234
상해등
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

- In accordance with recognized facts to the extent that it does not substantially disadvantage the defendant's defense right, part of the crime was revised without the amendment process.

- On April 30, 2019, the Defendant: (a) around 21:20 on April 30, 2019, at the victim D’s house located in Changwon-si, Changwon-si B apartment C; (b) on the other hand, the influenced residents released the lock locking system of the entrance of the first floor of apartment, and entered the facility following the removal, and (c) continued up to the front of the e-gluent door, and opened the front door repeatedly.

Accordingly, the defendant invadedd the victim's residence.

Summary of Evidence

1. Part of the protocol of interrogation of the defendant's interrogation of the witness D's statement [the elevator, stairs and corridor used for public use in apartment units, such as apartment units, are essential parts attached to each household or household's exclusive use, and there is a need to protect the peace and peace of residence in the daily life of the resident. Thus, the crime of intrusion upon residence constitutes "the residence of a person", which is the object of the crime of intrusion upon residence (see, e.g., Supreme Court Decision 2009Do4335, Sept. 10, 2009). Since the crime of intrusion upon residence is the protected legal interest of the peace and peace of residence, if the act of entering the residence is reduced even though it is contrary to the explicit or presumed intention of the resident or manager, the crime of intrusion upon residence is established.

The joint signature of the apartment C Dong in this case is usual, and the password which the residents of the apartment C Dong in this case set up in their own advance is opened.

On April 30, 2019, the Defendant had been working as the instant apartment Cdong around April 21, 2019 in order to visit the residence of the victim.

The defendant met the victim in front of the joint signature of the apartment building B in this case, and the victim returned to the defendant and refused to visit the residence.

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