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(영문) 수원지방법원 여주지원 2017.08.23 2017고단482
주거침입등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[The relationship between the defendant and the victims] The defendant was living in the family of the victim E, who is located in Leecheon-si D in Gyeonggi-do since June 2016 as the legal marital relationship between the victim C (n, 42 years of age) and the married couple around 1998. The victim C was living in the family of the victim E, who is located in Leecheon-si D.

[Criminal facts]

1. Around 09:00 on March 3, 2017, the Defendant: (a) knew that C was living at the victim E’s house; (b) discovered the victim E’s face; (c) opened a door to the front door; and (d) mistaken the Defendant as a Dong N resident without the consent of the victim C; (c) unilaterally entered the victim’s house into the said house and intrudes the victim’s house (as recognized by the evidence duly adopted and investigated by this court, the Defendant classified the front door with his face; and (d) it was well known that C was living at another person; and (c) opened a door to the victim and entered it.

Even if the victims had the presumption of consent

As such, the Defendant and his defense counsel’s argument cannot be accepted on different premise. 2. The Defendant damaged the property at the time and place indicated in the foregoing paragraph 1, but did not open a door after having entered the Defendant with a view to not opening the door. However, the Defendant damaged the victim’s E’s kitchen glass by having a kitchen located in the kitchen glass.

3. The injured Defendant is the victim C at the date, time, and place described in the foregoing paragraph 1.

"At the end of three times the face side of the victim in drinking, the victim suffered damage to the head and other parts of the victim in need of treatment for about 14 days."

4. The defendant who conceals property shall be described in the above one.

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