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(영문) 대전지방법원 2014.08.14 2014고정334
주거침입
Text

The defendant shall be innocent.

Reasons

1. On October 1, 2013, the Defendant: (a) around 23:50 on October 1, 2013, the charge was divided into the first race on the ground that the victim D (Inn, 53 years of age) was attending the Defendant’s sports dance institute; and (b) was followed by the victim D (inn, the victim) who was attending the Defendant’s sports dance institute.

Accordingly, the victim had known that he had been friendly, opened the entrance, and opened the entrance to the living room, and intruded the residence of the above victim.

2. According to the records, ① the Defendant and the victim knew for 7 to 8 years, ② the Defendant and the victim argued with E on the day of the instant case whether the victim was in contact with E and were in contact with each other, ② the victim was in contact with E and her mother who is the party to the instant case, but the Defendant was in contact with the above person and the restaurant because she was not in contact with her, but sent her time to the above person and the her mother, ③ the Defendant was in contact with her house by opening a door to the victim’s house, ③ the fact that the Defendant was in contact with her first class by opening a door to the victim’s house, ④ the fact that the victim requested the Defendant was in contact with her house on the ground that she was in contact with the Defendant, ⑤ the fact that the victim was in contact with her house immediately out of the house, and the fact that the victim was in contact with her first place

According to the above facts of recognition, the defendant and the victim seem to have known that the defendant and the victim were able to observe each other's right and wrong. Although they asserted that the victim was aware of her mother and opened the gate, it is reasonable to deem that the victim was naturally aware that she opened the gate to see her and her gate. Thus, it is difficult to deem that the defendant had the intention to her residence.

In addition, when entering the residence of another person against the will of the resident, the crime of intrusion upon the residence is established, and at this time the intention of the resident is not only explicitly but also explicitly.

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