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(영문) 서울서부지방법원 2018.02.08 2017고정1529
주거침입등
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

1. On May 16, 2017, the Defendant invadedd the victim’s residence without permission by entering the victim’s residence via the entrance door, which was opened by the victim for the purpose of ascertaining whether water flows into the victim’s residence, in light of the victim’s residence, (i) around 10:18, the Seoul Mapo-gu Seoul Mapo C lending 1, 101, and (ii) around 201, in order to verify whether water flows into the victim’s residence.

2. The Defendant damaged property, on the ground that the Defendant entered the date and time under Paragraph 1, at a place where the victim D’s residence and found a place where water flows out of the ceiling, by having the Defendant and the accompanying construction businessman open part of the ceiling without the victim’s permission, and caused the damage to the property which is not the repair cost.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 319 of the Criminal Act, Article 319 of the Criminal Act (the point of intrusion upon residence), Article 366 of the Criminal Act, and the selection of fines for negligence;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant and his defense counsel's assertion on the claim of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act claimed that the defendant continued to receive water leakage confirmation and waterproof construction from the injured party, and the defendant removed a ceiling in order to accurately confirm the place where water leakage occurred after entering the injured party's house. If the defendant had made a prior request from the injured party, the injured party's consent should have been naturally given. Thus, the defendant's act constitutes an act by implied consent of the injured party and thus the illegality should be avoided.

However, the circumstances and contents of each of the crimes of this case acknowledged by evidence duly adopted and examined by the court, the situation at the time of the crime of this case, and the period after each of the crimes of this case.

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