(영문) 대전지방법원 2018.04.13 2017고정1257

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2018.04.13 2017고정1257

주거침입

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On June 4, 2017, around 14:00, the Defendant: (a) sought a conversation on the disposal of real estate in the above address under joint name with the victim D (M, 65 years of age) who was the former 105-dong 101 of the Daejeon Seo-gu Daejeon apartment house 105-dong 101; (b) obtained a password from E, who is an son, to talk with the said victim; and (c) enter the said victim’s dwelling room at will, thereby infringing on the said victim’s residence.

Summary of Evidence

1. Partial statement of the defendant (as at the fourth public trial date);

1. The statement of the witness D and F, each statement of the witness E in the second public trial protocol, and the partial statement of the witness E;

1. Letters;

1. The defendant asserts that he/she did not have any intention to intrude into his/her residence due to the lack of awareness of the victim's implied and comprehensive consent to access and that there was no intention to intrude into his/her residence.

However, in full view of the following facts: (a) the victim consistently stated to the effect that there was no permit from the Defendant to enter the Defendant’s house; (b) the Defendant was aware of the password of the entrance door from E, not the victim (EM 2 pages); (c) around the instant time, the Defendant sent the victim a written message stating that “the Defendant might have discovered whether the Defendant was a keyr to change his/her number,” and “the Defendant would have shown that he/she would have not good to get opened” (Evidence 12 pages of evidence record). As such, the victim’s implied and comprehensive consent was given to the Defendant’s access.

can not be seen, and the application of the law can be recognized that the defendant intentionally intrudes upon the victim's residence against the victim's will

1. Relevant Article 319 of the Criminal Act concerning the facts constituting an offense and Article 319 (1) of the Criminal Act concerning the selection of punishment;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

-형법 제319조 제1항

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