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(영문) 인천지방법원 부천지원 2019.11.21 2019고정570
주거침입등
Text

The sentence against the accused shall be determined by a fine of two million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. The Defendant, who entered into a sales contract to purchase the victim B and the victim’s residence, concluded a sales contract to purchase the victim’s housing C apartment house D, and transferred the down payment of KRW 4 million to the victim, but unilaterally terminated the contract, and cannot return the down payment from the victim, and thus, he was asked to return the down payment.

On September 6, 2017, around 18:56, the Defendant demanded the return of down payment to the front of the door through the public corridor of the above apartment complex. Around about one hour, the Defendant invadedd the victim’s residence four times in total, as described in the list of crimes in attached Form, from around November 2, 2017.

2. The Defendant repeatedly commits an act of repeatedly attempting to approach the victim against the express will of the victim, such as searching for the victim’s residence at each date and place specified in paragraph (1), leading him/her to a number of times and opening a door, etc. at the victim’s residence, thereby repeatedly coercing the victim to attempt to approach the victim against the victim’s explicit intention.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol of examination of partial police officers against the defendant (including the statement parts of the defendant, 2 times, 2 times (including the whole statement part, 2, and 5);

1. The police statement concerning B;

1. The details of the 112 Report Case Handling [1.1. The stairs and corridors used for public use in multi-family housing are the parts essential to the exclusive part of each household or household, which are used as a residence, and the part which is planned to be supervised and managed by the residents in their daily lives and is in need of protecting the peace of de facto residence. Thus, barring any special circumstance, it constitutes “human habitation” which is the object of the crime of intrusion upon residence (see Supreme Court Decision 2009Do3452, Aug. 20, 2009). In light of these legal principles, the defendant search for the door.

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