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(영문) 수원지방법원 2016.09.28 2016고단3820
절도등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On March 25, 2016, the Defendant invadedd the instant house, which is the victim E’s residence, around 08:00, around 00, around 19:00 and around 09:0 on March 31, 2016, when the female, who was frightly seen from the street, was living in the said adjacent building, opened a door by dividing the number recorded on the entrance, and entered the door to the inside of the said multi-household house, and the victim E entered the said house, which is his/her residence, and kept a secret number and came to know of the password, in order to steal money and valuables.

In the crime of intrusion upon residence, the residence refers not only to the house itself, but also to the summary of the residence such as the garden.

Therefore, an elevator used for public use in a multi-family housing, such as a multi-household house, multi-household house, apartment house, apartment house, etc., and an elevator, stairs, and corridor are essential parts for each household or household used as a residence, and are expected to be supervised and managed by the residents in their daily lives and to protect de facto residential peace. Thus, barring any special circumstance, an elevator inside a multi-family housing, such as a multi-household house, multi-household house, apartment house, apartment house, etc., and an elevator, common stairs, and corridor constitute a "human’s residence", which is an object of a residential intrusion, and intrusion against the residents’ explicit and implied intent (see Supreme Court Decision 2009Do4335, Sep. 10, 200). 2.

9,000 won was stolen.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. The relevant Article of the Criminal Act concerning the crime;

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