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(영문) 수원지방법원 2021.01.15 2020노3497
주거침입등
Text

The defendant's appeal is dismissed.

The request of the applicant for compensation shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of the legal principles (as to the intrusion upon residence), the apartment of this case has no control device such as a set, etc. that controls outside persons, and anyone can have access to the door of public entrance without any restriction device such as password, etc.;

The Defendant cannot be said to be a residential intrusion on the ground that the Defendant, in its entirety, took a lux of the victim C’s lux and rash, attempted to enter or enter the said victim’s house.

Therefore, the lower court erred by misapprehending the legal doctrine, thereby infringing on the victim’s residence, as indicated in this part of the facts charged.

The wrong determination was made.

B. Fact-misunderstanding (as to the injury caused by violence), the Defendant did not have a harming the victim E, and the victim took her hand, etc. on the side of the Defendant’s entrance, and she took part in the Defendant’s body, and she took part in the Defendant’s body. However, the lower court erred by misapprehending the fact, thereby causing an injury to the Defendant by assaulting the victim.

The wrong determination was made.

(c)

The sentence of the court below (2 million won) against the illegal defendant in sentencing is too unreasonable.

2. Judgment on the grounds for appeal by the defendant

A. Determination of the misapprehension of the legal doctrine 1) The summary of this part of the facts charged (the point of intrusion upon residence) is that the victim C, who was enrolled in the same company as female job offers B, knew of the fact that he/she had a dancing with the above B’s hand, etc., and did so to the victim.

However, the victim refused to communicate with the victim, did not receive contact, and did not directly search for the victim's house.

On March 23, 2019, the Defendant came to the Seongbuk-gu Seoul Metropolitan Government D apartment (hereinafter “instant apartment”) around 20:00, and went to the residence of the victim by getting out of the elevator and going to the 7th floor of the victim’s residence through the entrance door used by the apartment occupants for public use, and then getting out of the corridor of the 7th floor of the victim’s house and going to the front of the victim’s house.

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