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(영문) 대전지방법원 천안지원 2019.04.30 2019고정169
주거침입
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

On December 23, 2018, at around 10:00, the Defendant: (a) taken a cell phone of a baby born between the former wife D (the former wife, the age of 39) and C, and used it as a mobile phone to be used for a civil procedure pending in the process between the former wife and the former wife; (b) went into the joint entrance door of 3-4, which did not correct the Cdong building; and (c) concealed the up to 15th floor from the stairs between the 14th and the 15th floor, thereby impairing the peace of the privacy of the victim, thereby impairing the victim’s residence.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. On-site relocation photographs (the defendant asserts that his act was not known that he constituted a residential intrusion. The elevator, stairs and corridor used for public use in multi-family housing such as multi-households, multi-household houses, apartment houses, and apartment houses, and apartment houses, and the part essential for each household or household's exclusive use of residence, which are planned to be supervised and managed in daily life by the resident, and is in need of protection of peace in de facto residence. Thus, the defendant's act of intrusion against the residents' explicit and implied intent constitutes a residential intrusion crime (see Supreme Court Decision 2009Do435, Sept. 10, 2009). Thus, the defendant's act of hiding against public stairs in apartment houses such as multi-household houses, multi-household houses, multi-household houses, apartment houses, and apartment houses constitutes a residential intrusion crime, barring any special circumstance. Thus, the defendant's act of impairing the residential premises and the defendant's act of hiding it constitutes a crime of intrusion.

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