(영문) 수원지방법원 2015.10.23 2015노4027 | 리걸엔진

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(영문) 수원지방법원 2015.10.23 2015노4027

주거침입

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The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. The summary of the grounds for appeal (the factual error and misunderstanding of legal principles) is as follows. As long as part of the defendant's body enters a residence, the defendant's intentional intrusion was committed, and as long as the children at the time were found to be hot, the peace of residence should also be deemed to have been infringed.

Nevertheless, the judgment of the court below rendered not guilty on the ground that the defendant had no intention to commit a crime by entering the residence, and the judgment below erred by misapprehending the legal principles, thereby affecting the conclusion of the judgment

2. Determination

A. On July 24, 2014, the Defendant: (a) around 15:00 on July 24, 2014, at the victim D’s house located in Pyeongtaek-si, 101 Dong 402, and on the ground that the victim was aware of whether the Defendant’s husband was a resistant relationship with the Defendant’s husband, the victim’s wife at the relevant place was in a two hands by using the cresh of the cresh of the cresh, putting the cresh into one’s house, and intrudes the victim’s residence.

B. The lower court found the Defendant not guilty on the ground that the Defendant was merely merely wanting to talk outside the home of E and the victim, but it is difficult to recognize the intention of residential intrusion.

C. However, considering the following circumstances, it is difficult to accept the judgment of the court below that the defendant did not have an intention to commit a residential intrusion as it is. Since the facts charged in this case are found guilty, the judgment of the court below is erroneous by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

(1) The crime of intrusion upon residence is a de facto peace of residence. The crime of intrusion upon residence is not necessarily required to have the awareness that the whole body enters another person's residence, but it is sufficient to have the perception that a part of the body enters another person's residence. If a part of the body enters a residence but it actually causes harm to the peace of residence, the crime of intrusion upon residence is committed.

유사 판례

-대법원 1995. 9. 15. 선고 94도2561 판결

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