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(영문) 대전지방법원 천안지원 2013.08.29 2013고정336
폭력행위등처벌에관한법률위반(공동주거침입)
Text

The defendant is not guilty, and the summary of the judgment of innocence is publicly notified.

Reasons

1. The summary of the facts charged was around 10:50 on July 2, 2012 with C, and around 10:50 on July 22, 2012, the Defendant entered the victim E’s residence in Seo-gu, Seo-gu, Seocheon-si, Seocheon-si, and went into the house of the victim via the open gate, and infringed upon C’s residence jointly with C

2. Determination

A. According to the Defendant’s statement at an investigative agency and the victim E’s writing writing, the fact that the Defendant, along with C, opened an open gate in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, the residence of the victim, and opened as ma, and set out before the victim’s visit he leased and live is recognized.

B. However, in relation to the facts charged, the defendant and his defense counsel asserted that the defendant used it as a community hall to collect ancient water upon the request of G, which is the above F Women's Chairperson, and merely entered the residence of E located in the above D and thus did not have any intention to commit a crime of intrusion.

Therefore, in full view of the statements in the witness G and the statements in the statement in the statement and the statement in the statement in the statement of the defendant's writing, the above D ground building is a building used as the above F residents' community hall, and E is used as a residential area by leasing one room among them. The defendant is found to enter the above community hall in order to collect and collect the waste in the F Women's Center, G, which is the F Women's Chairperson, and collect the waste from the above community hall in order to collect the waste. Meanwhile, at the time of the defendant's entry into the above F community hall in order to collect the waste, the victim Eul repaired the vehicle before the Seodaemun, and the above facts revealed by the above facts of recognition are not for the purpose of crime, namely, ① the above F community hall used as the residence of the defendant, and ② the fact that the defendant merely composed of the above community hall in order to collect the waste at the request of another authorized administrator of the women's hall.

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