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(영문) 부산지방법원 2015.08.19 2015고정1143
존속상해등
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The Defendant married with C(49 years of age) on July 4, 1993, but divorced at the end of November 2014.

From November 16, 2013, when the Defendant had been living separately with C from July 22, 2013, the Defendant had been living separately with C from November 16, 2013 to his second son, and had the Defendant invaded upon C’s defective residence that prevents the Defendant from communicating with the Defendant, and had the Defendant flown up with D.

On November 25, 2013, around 16:40 on November 25, 2013, the Defendant: (a) accessed the victim C’s dwelling 403 of the said apartment house, which was parked on the bridge in front of the 103-dong-dong, Busan, to the bend of the bend of the bend of the street; and (b) invaded the victim’s dwelling by breaking the glass door into the bend of the glass door.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. The police statement concerning G;

1. Investigation report (H telephone communications);

1. Marriage certificate, certified copy of the resident registration, full certificate of the real estate registration, the receipt and handling of the accident, the status of the receipt and handling of the accident, site photographs, and the application of statutes

1. Relevant provisions of the Criminal Act and Article 319 (1) of the Criminal Act concerning the selection of penalties;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his defense counsel on the assertion of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the provisional payment order asserted that since the apartment of this case is the defendant's dwelling, so long as they enter his dwelling, the crime of intrusion upon residence is not established, and the illegality of the social rules

However, since the crime of intrusion upon residence is a de facto legal interest protected by the law, whether the resident or manager has the authority to reside in or manage the building, etc. does not depend on the establishment of the crime, and even if the person is permitted to enter the building due to the relation with the resident or manager, the act of entering the residence is committed against the explicit or presumed intention of the resident or manager.

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