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(영문) 대전지방법원 천안지원 2018.08.24 2018고단1366
주거침입
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is the management complaint of the apartment house C in Asia-si, and the victim D (V, 61) is the resident of the above apartment house.

On March 20, 2018, the Defendant was working in the 1st unit of the apartment house C, Asan-si, Asan-si, at around 21:15, and on that day, the Defendant violated the residence of the victim, such as the vehicle going through the common entrance of the first floor of the above apartment that was not corrected without the consent of the victim for the purpose of protesting the victim and finding the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Application of statutes on field photographs;

1. Relevant Article 319 of the Criminal Act concerning the facts constituting an offense and Article 319 (1) of the Criminal Act concerning the selection of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the assertion is that the defendant is entitled to enter the common part such as corridor as an apartment management warden, and thus the defendant is not allowed to have the intention of intrusion on his residence.

2. Determination

(a) Residence in the crime of intrusion upon residence;

Since it does not simply refer to a house itself, but includes the above summary, such as the fixed number of houses, and stairs and corridors used for public use in a multi-family housing, such as a multi-household house or multi-household house, are naturally annexed to the exclusive part of each household or household, which is used as a residence, and there is a need to protect the peace of real residence, and thus, public stairs and corridors inside a multi-family house or multi-family housing fall under a "resident's residence," which is the object of a residential intrusion, unless there are special circumstances.

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