(영문) 창원지방법원진주지원 2020.10.15 2019고정287

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(영문) 창원지방법원진주지원 2020.10.15 2019고정287

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

On August 4, 2019, the defendant is a housing tenant of B victim C (77 years old) in Jinju-si, and when making a telephone in his room with drinking, the victim reported it to the police station because it was too difficult for the victim to report it to the police station, and when the police officer called out to move back to the police station, the victim reported it to the victim.

On August 4, 2019, the Defendant: (a) around 02:22, on the ground that the victim reported himself/herself to report himself/herself and was bad, (b) opened gate to a show sprink without the victim’s permission, and (c) carried the victim to see whether he/she reported to the police station.

The defendant invadedd another person's living room at late night without permission to cause uneasiness and harming peace in residence.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of C by a witness D's legal statement;

1. The police statement of C, evidence and photograph of evidence, and 112 report processing table of C [the defendant alleged that he/she entered the victim's house with the consent of the victim, but the victim stated that he/she entered his/her residence without permission (the victim testified in this court that he/she was not the day when he/she entered his/her residence without permission, but the defendant testified that he/she had entered his/her house without permission after reporting 112.

In full view of the following facts: (a) a policeman called to the scene at the time of the occurrence of the instant case: (b) a witness gave testimony consistent with the victim’s statement; (c) the instant case occurred at around 02:20; (b) the victim reported 112 on the ground of his/her primary disturbance; (c) the victim reported 112 on the fact that he/she was found in his/her own house after about 20 minutes of the instant case; and (d) the Defendant was deemed to have entered the victim’s house and went to the victim’s body or would not have gone to the victim’s body fighting.

유사 판례

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-대구지방법원 김천지원 2014.04.30 2014고단135

-춘천지방법원 영월지원 2015.03.27 2014고정178

-대구지방법원 2016.11.25 2016노272

-대구지방법원 의성지원 2016.01.14 2015고정53