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(영문) 의정부지방법원 2017.12.07 2017고정1739
주거침입등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

[Basic Facts] The Defendant, C, and D, as the owner of the building E located in the Gu Government-si, installed G with the above loan. Since G did not receive the construction cost from the Defendant’s side, upon completion of the above loan around January 2014, G claimed the lien and occupied several heading rooms, including the above 102 Dong 302 Dong 302, and had the victim H reside around October 2014.

The Defendant, C, and D demanded several times to surrender the above 302 on the part of the victim, but they are gathered by cutting off the articles in the above 302 on the part of the victim so that the victim did not surrender, and D removed the entrance entrance corrective device on November 16, 2016, and deducted the articles in the victim's possession by intrusion upon the inside.

The F Parking lot and container stuff were moved to the F Parking lot.

[Criminal facts]

1. On November 17, 2016, at around 09:00, the Defendant came to the house of the victim No. 302, and had D install a furniture to lease the said No. 302 to another person. Upon receiving the communication, the Defendant went to work and opened an entrance by an influence method using the cre in which the victim goes to work and opened the entrance, and intrudes upon the victim’s residence by the time of the said day until 19:10 on the same day.

2. The Defendant obstructed the exercise of rights by changing the password of the correction device of the entrance and exit on the Defendant’s side possessed by the victim without the consent of the victimized party to prevent the victimized party from entering the above 302 place at the time and time, and at the same time, interfered with the victim’s exercise of rights.

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. Some of the statements made to the prosecution with regard to D;

1. Partial statement concerning C in the protocol concerning the interrogation of suspect; and

1. Statement made by the police with H;

1. Investigation report (the statement of the victim related to the ownership of the entrance door), investigation report (the arrest of the victim due to the crime of intrusion upon residence of D or D).

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