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(영문) 제주지방법원 2015.10.16 2015고정205
주거침입
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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 started living together with the victim C (Y, 49 years of age) and on July 2006, from February 2010 to July 2010, while living together with D D at Jeju, the relationship with one another becomes worse on or around November 2013, and the defendant is living separately.

At around 14:00 on November 29, 2014, the Defendant: (a) discovered a password with a correction device to intrude the victim’s residence into the victim’s residence; (b) opened the victim’s residence without permission and changed his number height into the victim’s residence; and (c) prevented the victim from entering the residence.

Accordingly, the defendant invadedd the victim's residence.

Summary of Evidence

1. Each legal statement of witness C and E;

1. The inquiry report (the Jeju-do Water Resources Headquarters, the Jeju Electric Power Corporation's Jeju Regional Headquarters, and the LOBS Co., Ltd.);

1. Application of Acts and subordinate statutes to investigation reports (Attachment to 112 Reporting List);

1. Relevant Article 319 (1) of the Criminal Act and the choice of punishment for the crime: Selection of a fine;

1. Detention at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. A provisional payment order: Article 334(1) of the Criminal Procedure Act (Article 334(1) of the victim C shall be deemed to be the fact that the victim C has withdrawn from the outside of Gangwon-do, etc. for a considerable period after October 2014. However, the victim cannot be deemed to have renounced his/her intention to reside in the above house or has left the house completely (it does not seem to be somewhat unreasonable even if the amount of electricity and water used as stated in the factual inquiry report is somewhat small or large). Since the crime of intrusion upon residence is the benefit and protection of the peace of the dwelling, the issue of whether the resident has the right to reside in the building or use the water does not depend on the establishment of the crime, and therefore, the above house shall be protected.

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