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(영문) 의정부지방법원 2017.07.20 2016고정1698
주거침입
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. On August 16, 2015, the Defendant resided in the neighbor's house of the victim D in Nam-si, Namyang-si, and entered the victim's house through the door door of the victim without any separate corrective device for the reason that the dog that the victim kids is kidy before the victim's house in light of around 06:50 on August 16, 2015, and was stikeing the victim's opening line through the door door of the victim's house.

Accordingly, the defendant invadedd the victim's residence.

2. The Defendant, on the same day, entered the victim’s house and intruded on the victim’s residence for the same reason.

Summary of Evidence

1. Protocols of examination of witnesses regarding D;

1. E written statements;

1. A detailed statement of the processing of reported cases;

1. The defendant and his defense counsel asserts that on-site photographs [the defendant and his defense counsel claim that the victim's house is open to the public, and that the victim's house does not constitute a intrusion upon residence because the victim's house was allowed to have access

However, according to the records, although the gate is not separately installed in the house of the victim, the boundary is divided into posts around the house, and as the math and the outside are divided, it is objectively clear that the math is provided for the use of the house and the outside is not allowed to enter without permission.

I seem to appear.

Therefore, it is reasonable to see that the victim's house mail is a summary attached to the house, which is the object of the crime of intrusion on residence.

In addition, the injured party allowed the Defendant to freely enter the normal marina.

In particular, at the time of the instant case, it is difficult to see that the Defendant entered a house of the victim during the hours when the Defendant was under the influence of alcohol, leaving the house of the victim, leaving the math of the victim's math, and leaving the math, and it is clear that the Defendant constitutes detrimental to the peace of the victim

Application of Statutes

1. Relevant Article 319(1) of the Criminal Act concerning the facts constituting a crime and Article 319(1) of the same Act concerning the selection of punishment (the penalty shall be imposed.

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