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(영문) 서울북부지방법원 2019.03.15 2019고정115
주거침입
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On November 28, 2018, at around 20:08, the Defendant entered the victim’s house, outside stairs of the victim C residing on the second floor of the Dobong-gu Seoul Metropolitan Government building B, to the front of the victim’s house gate, and infringed upon the victim’s house by putting the front of the victim’s house gate by hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Photographs of the victim's residence;

1. In the investigation report (related to telephone communications of the victim) [the victim's residence refers not only to a house itself, but also to the above summary, such as the fixed number of houses. The stairs and corridors used for public use in a multi-household house or multi-household house, etc. are essential parts of each household or household used as a residence, which are planned to monitor and manage in daily life and are in need of protection of peace in de facto residence. Thus, barring special circumstances, it shall be deemed that the apartment house or multi-household house falls under "human residence," which is the object of the crime of intrusion (see, e.g., Supreme Court Decision 2009Do3452, Aug. 20, 209). In light of the above legal principles, the defendant's residence is a common part of multi-household house or multi-household house, and the defendant's residence is a part which is essential part of each household or household used as a residence, and the defendant's residence is applied to the victim's house entrance through the outside stairs of the victim."

1. Article 319 (1) of the Criminal Act and the choice of fines concerning the crime;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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