(영문) 의정부지방법원 2017.02.02 2015고정2625

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(영문) 의정부지방법원 2017.02.02 2015고정2625

폭력행위등처벌에관한법률위반(공동주거침입)등

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Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. On November 201, 2014, around the beginning of both weeks, the Defendant: (a) received warnings from the victim D’s home located in Yangju-si to the victim D; (b) received a warning from the victim that the victim would not arbitrarily access the victim’s home; and (c) instigated the victims of work, such as E, to arbitrarily open the victim’s home house, which was closed to move the wall door to the Defendant’s home, and let the victims enter the victim’s house.

2. On March 10, 2015, around March 10, 2015, the Defendant invadedd the residence of the victim at the above place, where the victim set up electric wires at the fence of the steel at the place for a locking device at his/her own discretion, and arbitrarily set off the wire at the entrance of the fence at the place for a locking device, and intrudes upon the victim’s residence by towing the hand check together with F, and entering the victim’s house into the victim’s house.

Summary of Evidence

1. Each legal statement of witness D, G and E among the third public trial records;

1. Legal statement of the witness H;

1. Each investigation report, each field photograph, and the defendant asserted that, in the case of paragraph 1 of the facts charged, the defendant only enters the victim's house gate through the victim's house gate opened at the time, the victim's house gate was not allowed to leave the victim's house gate at his own discretion, and the defendant did not instruct or take part in the victim's house gate, and in the case of paragraph 2, there was no fact that the defendant unfolded the wire into the steel fence or carried a hand gate into the victim's house.

However, the following circumstances acknowledged by the evidence duly adopted and examined by this court, namely, ① the victim and his husband, specifically stated the situation at the time of each of the instant crimes, and are consistent with the statements; ② G was entering the victim’s house at the time of the instant case, and the Defendant opened his door.

to be known from the following:

In the case of the former, one hour’s day or more.

유사 판례

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-대전지방법원 공주지원 2014.08.27 2014고합19

-광주지방법원 순천지원 2016.03.17 2016고합8