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The defendant shall be innocent.
Reasons
1. On October 15, 2015, the Defendant: (a) opened a penthouse in the victim D, who was in possession of the gate 11100 in Seo-gu Daejeon, Daejeon, Seo-gu, Daejeon, Seo-gu, Category C B, Dong C, 1110, and entered the living room in the above residence, and (b) carried 4 A tobacco as a horse 18,000 won in total at the market price at that place.
Accordingly, the defendant invadedd the victim's residence and stolen the victim's property.
2. Determination
A. 1) The Defendant and his defense counsel did not constitute a crime of intrusion upon residence, since the Defendant was a person who had a common right to live together with D in Daejeon Seo-gu C Dong 1110 (hereinafter “instant house”).
The argument is asserted.
2) The following facts are acknowledged according to the Defendant’s legal statement, witness D’s legal statement, police statement protocol on D’s police statement, and the suspect’s penbook on the damaged scene.
From May 2015, the Defendant and D had lived with the instant house from around October 2015.
The lessee of the instant housing was D, and at the beginning of living, the Defendant and D shared the lease deposit of the instant housing, and the Defendant paid D cash amounting to KRW 200,000 in cash on the pretext of monthly rent or living expenses during the living period.
The Defendant and D had a dispute over the instant house 3 and 4 days prior to the date of occurrence of the instant case, and D hedging
In addition, the defendant started to work.
However, the Defendant and D did not talk about how the Defendant would live in the instant house.
D After the defendant goes through the house, she replaced the entrance door password of the house of this case, and sent the defendant at a place other than the house of this case to avoid the defendant.
However, the defendant contacted D because he wanted to meet D, and she started to contact D at the place of the instant house, etc.
When the defendant opens the entrance of the instant house, the goods of the defendant remain in the instant house at the time of entering and leaving the house.