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(영문) 대전지방법원 2016.04.07 2015고정1692
주거침입등
Text

Defendant shall be punished by a fine of 200,000 won.

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

Reasons

Punishment of the crime

The Defendant resided in the Dong-gu Daejeon-dong CGra, Dong-gu, Daejeon, and the Defendant stated that the water leakage from the first floor to the victim D ( South, 68 years old) who is the owner of the first floor of the building was stated in the facts charged about water leakage problems, and revised as above.

was made.

On June 18, 2015, at around 18:30 on June 18, 2015, the defendant found the victim's house in the above C lending operation 103, and infringed upon the victim's house without the victim's permission.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to witness D and E's respective legal statements (excluding part not trusted);

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. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The crime of intrusion upon residence is not established because, in front of the asserted D’s house entrance, E enters into “grix” to the wife of D, “Fr. B. B.”

2. Of the judgment witnesses D and E’s respective legal statements, the part that the Defendant did not say that “Neging” was “Neging” to D’s wife before D’s house entrance, and that E did not mean “Neging. B.” cannot be believed.

However, it is recognized that at least D made a statement to the effect that “I will enter” according to the above evidence ( even according to the statement of the first police interrogation protocol against the Defendant, the Defendant stated “Igre” to E as “Igre. Igre. Igre,” and D sound “Igre. Igre. Ig youg..”

In the event there are multiple persons with a right to residence, if one person’s consent is directly or indirectly contrary to the intention of another resident, access to the residence is a result of disturbing peace in the residence of a person against his/her will, i.e., peace in the control and management of the residence, and thus, the crime of intrusion upon residence is committed.

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