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(영문) 대전지방법원 천안지원 2017.06.28 2016고정806
재물손괴등
Text

The sentence against the accused shall be 1.5 million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. On July 4, 2016, the Defendant who damaged property: (a) had a dispute with C (the age of 20) and a telephone, and (b) had taken place in C’s residence located in Seoan-gu, Seoan-gu, Seoan-si, Seoan-gu, Seoan-si; (c) but C did not open a door, and (d) caused damage to C by gathering a public fire extinguisher that was in his/her corridor, thereby leaving the lock-gu locking device owned by the victim D.

2. The Defendant infringed upon his residence at the same time and place as Paragraph 1, and opened a gate and entered the victim C’s dwelling plan, and intrudes upon the residence.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. E written statements;

1. ① On-the-spot photo data and victim victim victim victim victim [in relation to the crime of destroying property, the victim appears to have been placed at the hospital without locking the entrance as a result of the damage of the locking device of this case caused by the defendant's act; ② even if the locking device of this case cannot be used temporarily for its original purpose because the locking device was separated from the locking device due to the defendant's act, it does not affect the establishment of the crime of damaging property; ② in relation to the crime of intrusion upon residence, where two or more persons are living together in a single space, the victim has the right to enjoy the peace of each one's dwelling (see Supreme Court Decision 2009Do5008, Mar. 11, 2010); and ② The defendant also has the right to enter the residence of this case.

The defendant's act does not constitute a crime of intrusion upon residence unless C's consent was obtained.

It is difficult to see that C enters the residence (in particular, the Defendant shall set a lock for the use of a fire extinguisher to assault C even in a situation where C does not open a door and change the password of a locking device at the time, and shall open a door and enter C.

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