logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2017.01.12 2016고정1308
주거침입
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On May 17, 2016, at around 15:36, the Defendant: (a) went to the residence of the victim D (Woo, 85 years old); (b) around May 16, 2016, the Defendant intruded into the victim’s house through the gate located in the said residence, even if the Defendant was requested to leave the said site, and again, was awarded a successful bid for the said victim’s house site in the compulsory auction procedure with the Daejeon District Court; (c) thus, the Defendant requested the victim’s children E, who are the owner of the building, to consult about the schedule of directors, and infringed on the victim’s residence by attaching a written notification to the effect that the victim would have avoided his/her intent to purchase the said site.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to D or E;

1. On-site photographs, investigation reports (CCTV photographs and video CDs attached thereto), and data attached thereto;

1. A building ledger, a certified copy of the cadastral map, and a certified copy of the registry (the defendant and his/her defense counsel had no intention to intrude upon his/her residence with the defendant as he/she has opened without the entrance;

However, the above Ma party has a wall and gate to maintain a boundary between the surrounding land. However, at the time of the entry of the defendant, it was confirmed that the defendant had a house of D in the above Ma party, and the defendant had a house of D in the above Ma party before the previous day of the case, and it was confirmed directly that there was a house of D in the above Ma party, and it was attached to the cover board of the guard company "F" on the entrance side of the Ma party objectively, the above Ma party can be the object of the crime of intrusion because it can be the summary of the building attached to the building which is used as the residence of D, and since the defendant is recognized that there was a perception that he was an entry without permission, the above argument is not acceptable).

Application of Statutes

1. Relevant Article 319 of the Criminal Act concerning the facts constituting an offense and Article 319 (1) of the Criminal Act concerning the selection of punishment;

1. The Criminal Act to attract a workhouse;

arrow