(영문) 수원지방법원 여주지원 2014.01.06 2013고정258

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(영문) 수원지방법원 여주지원 2014.01.06 2013고정258

주거침입

Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On February 16, 1988, the defendant reported marriage with the victim C and was married to his/her husband and wife on March 2012 and divorced around December 12, 2012.

On January 9, 2013, at around 16:30, the Defendant continued to intrude into the residence of the victim by entering the house, and continuously putting the entrance password into the house, without obtaining the victim’s permission, and continuously putting it into the house, without obtaining the victim’s permission.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and E;

1. A protocol concerning the suspect examination of the accused;

1. Determination as to the defendant and his defense counsel's assertion regarding C of each police statement

1. The alleged defendant was the husband and wife of the victim, and there was no agreement on division of property of the instant house manager, and thus the defendant has a residential right. Thus, the crime of intrusion upon residence cannot be established.

2. The judgment is the legal interest of the crime of intrusion upon residence, and the following circumstances revealed by each of the above evidence are that the defendant and the victim were married with the victim, that is, the defendant and the victim acquired the manager of this case and the house F in the name of the defendant during the marriage, that the defendant voluntarily left the house in this case and left the house in this case and located in G around March 2012, the victim continued to reside in the manager of this case, that the defendant agreed to adjust the contents of the defendant's divorce with the victim around December 12, 2012 after separation, and the victim changed the password of the entrance of the manager of this case after the separation of the defendant and the victim changed the password of the manager of this case, but the victim got using the keys of the defendant to enter the manager of this case, and that the defendant talked with his mother about his speech that the defendant would have come to the manager of this case through his marriage.

유사 판례

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