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(영문) 인천지방법원 부천지원 2018.11.23 2018고정529
주거침입
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant has been in internal relations with C, the wife of the victim B;

1. On January 2, 2018, at around 16:00, in D Apartment-si, Kimpo-si, Kimpo-si, Kimpo-si, the victim's wife E-be and the victim's wife C was entered, open a joint entrance of the above apartment and intrudes on the victim's residence by entering the Fho Lake-si, the residence of which was damaged through the elevator, with a password that was known to meet the victim's wife C;

2. enter the 19:24 of the same day by opening a door with the entrance password and intrusion upon the victim’s residence, entering the Category D apartment E E in paragraph 1, which was known in advance to leave the victim’s wife C to the telecom; and

3. On January 18, 2018, around 19:00, the victim’s wife C was opened and opened by C to talk with the victim’s wife C, and the victim’s dwelling was invaded by entering the D apartment E-dong F ward as described in paragraph 1 through the entrance door.

Summary of Evidence

1. That there is a fact that a defendant has entered the residence of a victim, such as the statement in paragraphs (1) and (3);

6)

1. A protocol concerning the interrogation of suspect C by the police;

1. Three copies of a record;

1. A photograph of a CCTV course;

1. Details of card use letters (the defendant and defense counsel entered the victim's residence with the consent of the victim's wife C, and entered the victim's residence for illegal acts, such as adultery, and therefore, it does not constitute a crime of intrusion upon residence.

However, in full view of the evidence duly adopted and examined by this court, the defendant was in an internal relationship with the victim's wife C, and the victim was found to have entered the other residence, and if the victim had been in his house at the time, the defendant did not find the defendant in order to meet C or have not entered the victim's residence, and therefore, the defendant's act of entering the crime was committed against the victim's will and thus, it is de facto peace in the victim's residence was broken.

I would like to say.

B. The consent of C with only one of the joint dwellings of a child is the victim.

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