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(영문) 수원지방법원 2018.05.03 2017고정3423
주거침입
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On November 1, 2017, the Defendant: (a) around 17:30, the Defendant: (b) divided the passwords of the lock-gate lock-out lock-out equipment of the D apartment OOO, which is the domicile of the victim C, in Suwon-si B and the former Women's Parent C, on several occasions; and (c) intruded the victim's residence into the victim's residence.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement of victim C;

1. On-site photographs (the defendant and his defense counsel entered the victim's house to bring about his own dignity in the process of organizing a living-living relationship with the victim. Thus, this act is a legitimate act that does not go against social rules and thus the illegality is dismissed.

However, in light of the following circumstances acknowledged by the evidence duly adopted and examined by the court, the above act of the defendant satisfies the requirements such as reasonableness and supplement of the means and method.

It is difficult to see it as a justifiable act under Article 20 of the Criminal Code.

(1) It is true that the defendant was living together with the victim.

However, on October 25, 2017, the Defendant, at the end of the dispute with the victim, did not reside in the house of the victim after gathering the house of the victim, and did not have access to the house of the victim.

2. The victim clearly expressed to the defendant the intention that he will no longer get out of his house, and changed the password of the front line.

At the time of the instant crime, the Defendant only entered the victim’s house in line with the password.

③ Even according to the Defendant’s assertion, the victim clearly expressed his/her intention to return the goods requested by the Defendant.

As such, in a situation where there is a dispute between the victim and the victim about whether or not to return the goods, the defendant has entered the victim's residence against the victim's explicit intention and carried the goods.

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