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(영문) 부산지방법원 동부지원 2021.01.14 2020고정364
주거침입
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant was living together with the victim B (V, 46 years of age) and about 10 months, and was hedging.

On March 31, 2020, at around 01:06, the Defendant entered the entrance door password, which was known to the victim, into the above apartment building, without the victim’s permission, on several occasions. However, the Defendant did not open the door door on the wind to change the password in advance.

Accordingly, the defendant attempted to intrude the victim's residence.

Summary of Evidence

1. The defendant asserts that the above apartment does not constitute "the residence of another person" because it was merely a mere fact that the defendant living together with the victim and the above apartment for about 10 months at the time, and there was a dispute over the above apartment, such as reporting on the occurrence of part of the legal statement by the witness B, and attaching photo on the face of the crime.

In light of the following facts and circumstances acknowledged by the evidence of each judgment, i.e., ① although the above apartment was owned by the defendant, the defendant living together with the victim on March 27, 2020 when living in the above apartment, the defendant and the victim appear to have been no longer living together at the time of entering the above apartment, ② the victim changed the entrance password to prevent the defendant from entering the apartment after leaving the apartment, ③ the victim was aware that the defendant was the defendant at the time of committing the crime of this case, but did not allow the defendant to enter the apartment, such as opening the entrance door, even though the victim was aware that he was the defendant at the time of committing the crime of this case, and rather reported to the police, the above apartment at the time of committing the crime of this case, the victim alone resides in the apartment.

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