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(영문) 의정부지방법원 2017.05.10 2016고단3095
주거침입
Text

The defendant shall be innocent.

Reasons

1. On July 9, 2015, the Defendant: (a) around 10:56, the victim D residing in Sacheon-si, Sacheon-si, where the victim D was living in front of 201, and around 1 hour before the victim, the Defendant entered the door password of the household from F residing in the above 201 unit to the Defendant’s son who was enrolled in the same kindergarten as the victim’s son, and invaded the victim’s residence by dividing the first letter of the 902 unit of the said apartment house into three occasions, in order to resist one-time course.

2. Determination as to the instant residential intrusion ought to be divided into ① whether the act of entering the joint entrance of 201 apartment units into the common entrance of apartment units, and ② whether the act of taking the portrait of the front door of 902, the part of exclusive ownership of the victim, is an intrusion upon the residence.

In the crime of intrusion upon residence, housing does not merely refer to a house itself, but includes the above summary such as the garden (see Supreme Court Decision 82Do1363, Mar. 8, 1983) and the stairs and corridors used for public use in apartment houses such as apartment houses are essential parts of the exclusive use part of each household or household used as a residence, and there is a need to protect the peace of the residence, which is the object of the crime of intrusion upon residence (see Supreme Court Decision 2009Do3452, Aug. 20, 2009). On the other hand, the crime of intrusion upon residence is the legal interest of the protection of the peace of the actual residence, and the residents’ enjoyment should reach the extent of undermining the peace of the residence (see Supreme Court Decision 201Do1092, Apr. 24, 2001).

Each police suspect interrogation protocol against the defendant or F.

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