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(영문) 울산지방법원 2020.01.07 2019고정727
주거침입
Text

Defendant shall be punished by a fine of KRW 700,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant found the victim D (M, 40 years of age) living in Yangsan-si B apartment Cdong and his dwelling in the victim's dwelling in the middle of his house.

On June 20, 2019, around 23:40 on June 20, 2019, the Defendant entered the place of residence of the victim into the stairs between the 9th floor and the 10th floor of the above apartment C-dong and the 10th floor of the apartment.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement statement made by the police against D;

1. Application of the Acts and subordinate statutes to photograph CCTV images taken into the entrance, photographic photo, joint entrance, or to capture CCTV images;

1. Relevant Article 319 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Grounds for conviction under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The defendant asserts to the effect that the defendant did not enter the apartment in the past against the victim's will and did not constitute an act of intrusion upon residence, and that there was no intention of intrusion upon residence.

2. Determination

A. In the crime of intrusion upon residence, housing does not merely refer to a house itself, but includes the above summary, such as the fixed number of houses, and the stairs and corridor used for public use in multi-family housing such as multi-household houses, multi-household houses, apartment houses, and apartment houses are essential parts of each household or household which are used as a residence, and there is a need for the residents to monitor and manage in their daily lives and to protect the peace of de facto residence. Thus, public stairs and corridor inside multi-household house or multi-family housing fall under “human residence,” which is the object of the crime of intrusion upon residence, unless there are special circumstances. The residents’ explicit or implied intent is infringed against the above place.

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