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(영문) 수원지방법원 2018.08.24 2018고정194
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

1. On August 28, 2017, the Defendant violated the Punishment of Violences, etc. Act (joint residential intrusion) jointly with C and D, and when he/she was at the house of the Victim F (F) located in Young-gu E apartment unit 8502 dong 301, Young-gu, Suwon-si, Suwon-si, Suwon-si, about August 28, 2017, he/she raised an objection against C’s husband and D, thereby infringing upon C’s residence against the victim’s will.

2. Around August 28, 2017, the Defendant assaulted the victim I (the victim I, 54 years of age), F, D, and C, who dialogueed with the victim I (the victim I, 54 years of age), F, D, and C, with the subject of the lawsuit set forth in paragraph 1 in Suwon-gu G, Suwon-si, Suwon-si, Suwon-si, 2017, such as the defect the victim was about to go out of F and about to go out, the victim’s chest by hand, and the victim’s injury.

Summary of Evidence

1. Each legal statement of witness F and I;

1. The defendant and the defense counsel asserted that the injury diagnosis certificate, CCTV video CD (the defendant and the defense counsel did not intrude because they obtained permission from the husband of the victim F.

The legal interest in the crime of intrusion upon residence under the Criminal Act is not a legal concept of right to residence, but is a freedom and peace of residence in a private living relationship and has a right to enjoy peace and peace in the residence. However, if one person’s consent is contrary to the intention of another resident directly or indirectly, access to the residence of a person against his/her will would impair the peace of the residence, i.e., the peace of the control and management of the residence (see Supreme Court Decision 83Do685, Jun. 26, 1984). According to each of the above evidence, the defendant entered the house of F in order to resist F with C and D, thereby entering the house of F, and even if F enters the Defendant “F”, he/she can be recognized as entering the house.

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