(영문) 수원지방법원 2013.03.27 2012고단5998

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(영문) 수원지방법원 2013.03.27 2012고단5998

주거침입등

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The defendant shall be innocent.

Reasons

1. On April 17, 2012, the summary of the facts charged is that the Defendant was awarded a successful bid in the voluntary auction of the Suwon-gu Seoul Metropolitan Government C Apartment-dong 301 and 506 (hereinafter “instant apartment”) on April 17, 2012, and the victim D was a former E’s wife who was the owner of the said apartment, and the F is the victim D’s mother.

The victim had been living in the house due to her husband’s debt, and around the time when the auction was held, the above apartment was temporarily out of the house. On the other hand, around December 22, 201, the victim was a director of the above apartment as the above apartment for the purpose of receiving the money lent to the victim. However, on the 27th day of the same month, the victim left the above apartment without having the victim resisted.

Around May 2012, the Defendant proposed that F be subtracted from the conditions that he would receive directors' expenses through G, one’s own after-time employee G, and F moved on May 27, 2012.

On May 27, 2012, the Defendant knew that F does not have any right to dispose of the victim’s animals on the ground that he/she was unable to participate in the victim’s animals. However, around 09:00 of the above apartment building No. 301 and 506 of the same month, the Defendant had H, the president of the company, who carried out the above apartment building No. 301 and 506 of the same month, destroyed F’s utility by having H, as the president of the company, enter into the part of the victim’s clothes, e.g., g., camping implements, food instruments, photographs, etc., in entirety. (12.8 million won at the victim’s assertion price).

B. On May 28, 2012, at around 09:00 on May 28, 2012, the Defendant infringed upon the victim’s residence by leaving the said apartment house in the same place as Paragraph (1) with knowledge that the said apartment is the victim’s residence, and F, knowing that there was no authority to do so with the victim, he was living in the victim’s residence after taking the animals in the victim’s residence.

2. Determination

A. Comprehensively taking account of the evidence adopted and examined by this court, the following:

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