(영문) 부산지방법원 2015.10.07 2015고정1769

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(영문) 부산지방법원 2015.10.07 2015고정1769

주거침입

Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The defendant is a person who resides in North-gu C Apartment 102, 606, North-gu, 102, 606, and the victim D (M, 28) is a person who resides in the same 605.

On January 21, 2015, at around 00:24, the Defendant: (a) laid the front door of the victim’s residence in the state of the main entrance, and laid down a gate in order to make a complaint on the ground that the Defendant offered a mountain obsation, etc. to the front corridor of the victim’s residence, 102 Dong 605, Busan, and gave inconvenience to traffic by setting the mountain obsation, etc. to the front corridor.

Accordingly, the victim was aware that he is a person living in the entrance, and the defendant, who opened the entrance door with the knowledge that he is the victim, was living in the residence of the victim on the ground that the victim was able to shotly speaks, regardless of the victim's warning, on the ground that the victim was shotly going to the front door inside the entrance of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Investigation report (the counter investigation by the first police officer);

1. The defendant's photographic defendant and defense counsel asserted that the defendant's dwelling intrusion was not constituted merely because the last part of the defendant's dwelling at the time was taken by him.

However, according to the above evidence, the time when the defendant found the victim was drunk, and the defendant was under the influence of alcohol at the time, and even though the victim, who was young female, opened the entrance door and “the victim was married at the present house,” the defendant opened the entrance door completely and opened the entrance door, and the defendant was placed in the entrance for the purpose of leading the victim in the house to the victim who was living in the house while doing an act, such as having a sound or having an object, etc. Thus, it is sufficient to recognize that even if he went through the end of the contract, it was the peace of the victim’s residence.

Therefore, Defendant .

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