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(영문) 의정부지방법원 2014.05.15 2013고정1873
주거침입
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the facts charged in the instant case was around 14:00 on January 29, 2013 at the victim D’s house located in Gyeonggi-gun C 2, Dong 202 (hereinafter “instant loan”). On the ground that the Defendant purchased the said subparagraph 202 by auction, the Defendant opened a string door and entered the house into the house and intruded on the victim’s residence.

2. As to the Defendant’s assertion, the Defendant did not possess or occupied D’s loan of this case.

Even if prior to the instant case, it is alleged that the possession of D, prior to the instant lending, was lost, and the facts charged are denied.

3. Determination

A. Thus, as of January 29, 2013, when the Defendant entered the instant Ba, whether D occupied the instant Ba, and the witness E, in this court, he dissatisdddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddddd

(4) The Defendant, consistent with the police and prosecutorial office, has consistently moved into the instant Ba in possession of the instant Ba by replacing the instant Bara’s structure (in the investigation record 93 pages), and made a statement consistent with the E’s statement that E, other than the Defendant, was diving (in the investigation record 30 pages).

Therefore, in full view of the above evidence, D cannot be deemed to have occupied the loan of this case at the time of January 29, 2013.

B. In addition, the crime of intrusion upon residence is the protected legal interest of the law, and the crime of intrusion upon residence was committed on December 9, 2008, which was about four years before the date of the instant case, and was temporarily residing in the loan of this case only on a temporary basis after making a move-in report (42 pages of the investigation record) on the loan of this case.

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