(영문) 대전지방법원 천안지원 2021.01.12 2019고정752

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(영문) 대전지방법원 천안지원 2021.01.12 2019고정752

주거침입등

Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. A defendant who intrudes upon his/her residence on January 5, 2019, south-dong-gu around 04:00

B. The victim, the father of the 2nd floor, opened an entrance that was not set up, and intruded upon the victim’s residence by entering the victim’s room.

2. Damage to property;

A. On January 5, 2019, at the same place as at No. 04:00 on January 5, 2019, the Defendant, without any justifiable reason, damages LG G5 smartphones worth KRW 980,00,000 at the victim C’s market price; and

B. On January 5, 2019, the Defendant: (a) 08:23 around 08:23, on the ground that the victim C et al. took a house at the same place as paragraph (1) of this Article, left the head of window two by hand and damaged the victim’s property.

Summary of Evidence

1. Protocols concerning examination of the suspect in relation to partial statement D of the defendant in the prosecution;

1. At the scene of the police statement protocol against C, and one copy of the damaged handphone photograph, the scene and damage situation, the suspect A flive photo, and the defendant's cell phone photograph (the defendant and the defense counsel asserted that there was no fact that the defendant has damaged the victim's smartphone, but even according to the defendant's statement, the defendant was given a smartphone from the damaged victim for the victim's telephone conversations and did not return it to the victim. The above smartphone was found after the damage was discovered. According to the victim's statement, the victim did not discover his smartphone but did not report to the police, and the police officer was found to have discovered the smartphone damaged by the victim's speech.

In full view of the fact that there is no reason for the victim to make a false statement, and that the victim has no motive or reason to damage the smartphone, and that there was a defendant in the son where the smartphone was discovered, the defendant damaged the smartphone of the victim.

The decision is judged.

Therefore, the defendant and defense counsel's assertion is not accepted.

Application of Statutes

1. Relevant Articles of the Act concerning the facts constituting the crime;

유사 판례

-인천지방법원 2016.09.28 2016노1894

-서울남부지방법원 2018.11.16 2017노2724

-대전지방법원 2018.05.25 2017노829

-창원지방법원 2016.08.11 2016노746

-창원지방법원 2018.09.20 2018노1082