(영문) 서울중앙지방법원 2015.09.25 2014고정4155

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자간(%)

(영문) 서울중앙지방법원 2015.09.25 2014고정4155

주거침입

Text

Defendant shall be punished by a fine of 300,000 won.

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

Reasons

Punishment of the crime

On January 4, 2014, at around 20:00, the Defendant opened an entrance and entered the entrance as a key to the victim D (the 19 years of age, women) who was the lessee of Gangnam-gu Seoul, and did not pay the tight monthly rent.

Accordingly, the defendant invadedd against the victim's will in his residence.

Summary of Evidence

1. Among the first protocol of trial, statement to the effect that the facts that the defendant opens a door to and enters a place in the facts prosecuted are recognized;

1. Legal statement of witness D;

1. Statement made to D by the police;

1. A complaint filed for DNA preparation;

1. Application of Acts and subordinate statutes governing characters and photographs;

1. Relevant Article 319 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. As to the defense counsel's assertion under Article 334 (1) of the Criminal Procedure Act, the defense counsel asserts that the defendant's act does not constitute a crime of intrusion upon residence on the ground that there is an agreement that the defendant can open and confirm a visit at the time of an emergency at the time of the conclusion of the lease contract, on the ground that there is a request from the victim for various repairs by the victim's request.

In full view of the fact that there is no evidence to prove that the victim's victim did not have the victim's access to the above room, and there is no reason to prove that the Defendant entered the above room without the victim's consent, and the circumstance that there is no hot water does not seem to be an urgent situation to enter the above room without the victim's consent, and in light of the fact of the request for repair, it seems that the repair is not possible even if the hot water was not available from the victim's side, there was a prior understanding from the victim about the entry into the above room.

or entered the defendant's legitimate title under the lease agreement.

참조조문

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