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(영문) 대구지방법원 2021.02.17 2019나321625
손해배상(기)
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

The purport of the claim and the purport of appeal:

Reasons

A. The Defendant was sentenced to a two-year criminal final and conclusive judgment of probation (Seoul District Court Decision 2019 High Court Decision 857 decided July 1, 2019) due to intrusion upon residence.

The criminal facts are as follows.

Defendant is the Defendant, and “victim C” is the Plaintiff.

The defendant is a deceased person who visited Smarket as a customer in the case of the victim C (the victim 30 years of age) in Smarket.

1. On February 15, 2019, from around 00:00 to around 01:00 of the same day, the Defendant infringed upon a residence: (a) obtained a joint entrance password that the victim had known in advance on the ground that he was not in contact; and (b) entered and intrudes into a corridor with the victim’s residence; (c) 2nd floor ******* in opening a door, door,” and repeatedly divided the entrance door door number by about 10 minutes.

The Defendant continued to open a stairs window from the first to the second floor and moved out of the window to the front of the house window of the victim, and opened the victim’s residence window for about five minutes, and opened the door, door, and opened as soon as possible, “a door, and opened as possible.”

Accordingly, the defendant invadedd the victim's residence.

2. On April 2, 2019, the Defendant attempted to intrude upon a residence, the Defendant classified a password to intrude a victim’s residence by the same method as that stated in paragraph 1 from the joint entrance of the first floor at the place indicated in paragraph 1 around April 13:0, 201, but did not commit an attempted crime without knowing the password.

[Reasons for Recognition] Unsatisfy, Gap 3, 6 through 8 (including branch numbers), the purport of the whole pleadings

2. The assertion and judgment

A. It is clear that the Plaintiff suffered mental distress due to the Defendant’s above-mentioned intrusion on the cause of the claim.

The following circumstances, which can be acknowledged by the contents of the above criminal facts and the evidence presented earlier, are the same.

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