logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 서산지원 2016.10.18 2016고정92
주거침입
Text

1. The sentence against the accused shall be 500,000 won;

2. The defendant does not pay the above fine.

Reasons

Punishment of the crime

On June 30, 2015, at around 13:40 on June 30, 2015, the Defendant violated the victim’s residence by entering the balcony, where part of the victim’s house located in Chungcheongnam-gun, Chungcheongnam-gun, without obtaining the victim’s permission, via the victim’s house, going into the balcony, which is located behind the house through the victim’s house, and then laying down the balcony on the balcony, and attaching a notice of “Prohibition of Access to Person Other than Persons Other than Persons Related to the Control Area” to the balcony, on the ground that part of the part of the victim’s house was affected by the Defendant’s boundary in F.

Summary of Evidence

1. Legal statement of witness E;

1. Each police statement related to G and H;

1. On-site photographs and records of the case (the counsel and the defendant consented to the act of reducing the defendant, and thus the defendant did not constitute a residential intrusion. According to the evidence above, the defendant's consent was given to the act of reducing the defendant; the defendant attached a notice of "Prohibition of Access other than persons related to control zones" on the victim's residence; the victim's consent was not given to the attachment of the above notice; and the victim and the defendant's side after the defendant attached the above notice, and the defendant's consent was found to be a dispute. When entering a residence of another person against the resident's will, the crime of intrusion is established, and the resident's opposing opinion can be presumed to be included not only in explicit cases but also in the surrounding circumstances (see, e.g., Supreme Court Decision 2003Do1256, May 30, 2003). If the victim knew that the defendant intended to attach a notice of "Prohibition of Access to Control Zones" to the victim's residence, it is reasonable to view that the defendant's act against the victim's right to enter the victim's residence.

Defense counsel and the defendant's argument.

arrow