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(영문) 전주지방법원 군산지원 2017.02.15 2016고정459
폭력행위등처벌에관한법률위반(공동주거침입)등
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Defendant

A shall be punished by a fine of 300,000 won.

Defendant

If A does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Defendant

A is a father, and Defendant B is a university student and is a woman between men and women.

1. On May 27, 2016, at around 17:15, the Defendants: (a) found in the residence of 103 Dong 1103 and Dong 1103-dong Da apartment building E (the 40-year-old age), and was waiting for a locking device in front of the first floor door door with the Defendant’s husband F and the victim, followed by the employees of the disease control company by dividing the password, releasing the locking device, and entering the said room.

Accordingly, the Defendants infringed upon the victim’s residence against the victim’s will.

2. The defendant A, at the date and time, at the place specified in paragraph 1, the victim was aware that the defendant was an employee of the disease control company, and opened the entrance to confirm that the defendant was the defendant, and there was a defect in order to close the entrance, and the victim's arms, legs, etc., who were forced to go into the direction of the defendant by attaching a door to the entrance and door.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Legal statement of witness E;

1. Statement of the police statement related to G;

1. A photo of the damaged part;

1. Determination as to the assertion by the Defendants and defense counsel after the CCTV closure

1. First, in relation to whether the Defendants infringed upon the victim’s residence against the victim’s will, a residence is used for homicide and intrusion upon the victim’s residence;

It does not simply refer to a house itself, but it includes the above point, and the stairs and corridors used for public use in apartment houses such as apartment houses are naturally annexed to the exclusive part of each household or household which is used as a residence, and there is a need for the residents to monitor and manage in their daily lives and to protect the peace of de facto residence.

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