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(영문) 수원지방법원 2016.03.04 2015노5788
주거침입
Text

The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

Reasons

1. The gist of the grounds for appeal is that the defendant's arbitrary entry into the victim's residence without going through legal procedures for receiving an object from the damaged person after the termination of the lease agreement constitutes "infringed" under the Criminal Act, and the defendant's act cannot be deemed as an act that does not go against social norms, in light of various circumstances.

Nevertheless, the judgment of the court below which acquitted the defendant is erroneous in the misapprehension of facts and affected the conclusion of the judgment.

2. On March 16, 2015, the Defendant: (a) on March 16, 2015, Dara 205 managed by the Defendant in the wife B; and (b) on March 205, 2015, the leased victim D did not leave the house without paying the car, and (c) arbitrarily intruded into the dwelling in which the victim occupied by entering the house in order to remove the victim’s goods.

3. The lower court’s determination refers to an act of intrusion upon a residence of a person as stipulated in Article 319(1) of the Criminal Act, which means an act of entering the residence against a resident’s will, and cannot be deemed an intrusion upon a resident’s consent or constructive consent. The lease agreement concluded between the Defendant and the victim D cannot be deemed an act of intrusion. In the event that the whereabouts, such as the tenant’s corrosion, are unknown after the expiration of the lease term, the lessor may have the lessee keep the house and other things in any other place, such as the house of the lessee in the leased real estate, in the presence of two adults, and the cost of storage shall be borne by the lessee.

The phrase "(Article 7)" is indicated as ", on the other hand, the victim entered into a lease agreement on September 30, 201 with a deposit of KRW 3 million, monthly rent of KRW 270,000,000 for a period of one year, and did not pay the remaining rent, electricity fee, etc. after being appropriated to the deposit with a closed rental fee around July 2014, and did not pay the remaining rent, electricity fee, etc., on the part of the defendant's building name.

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