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Reasons
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(영문) 창원지방법원 통영지원 2017.02.08 2016고단1545
특수주거침입등
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A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a father of the victim C(n, 43 years of age), and the victim D(n, 51 years of age) is a father of the victim C.

1. Intimidation;

A. On September 13, 2016, the Defendant made intimidation to the victim to the effect that he/she would kill the victim on the ground that he/she would cross the Defendant’s home, and that he/she would kill the victim on the ground that he/she would cross the Defendant’s home. For the same reason, the Defendant made intimidation to the effect that he/she would kill the victim on the same day by phone at around 02:24 on the same day.

B. On September 13, 2016, the Defendant threatened the victim to the effect that “the victim will die while going through a lifelong life” by phoneing the victim between 02:10 on September 13, 2016 and 02:30 on the ground that the victim knew the Defendant’s female problem to the Defendant’s wife (her mother’s wife).

2. On September 13, 2016, in order to threaten the victim C for a reason like paragraph 1, the Defendant entered the front of the 1705 entrance, a victim’s residence, through the joint entrance of 104 Dong-dong apartment 104, by possessing a knife, which is a dangerous object of decentralization 02:10 on September 13, 2016.

Accordingly, the defendant invadedd the victim's residence.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to D or C;

1. Complaint;

1. Seizure records;

1. The Defendant and his defense counsel denied the charges of special intrusion against each of the Defendant and his defense counsel. However, barring any special circumstance, the Defendant and his defense counsel denied the charges of special intrusion, but ① the public stairs and corridors inside the multi-household detached house or multi-family housing fall under the “human habitation”, which is the object of the crime of intrusion into a residence (see Supreme Court Decision 2009Do3452, Aug. 20, 2009, etc.). (2) Even if the F opened a common door of apartment and entered the said apartment house into the common door of the apartment.

Even if the defendant had known that he had a knife, F is also the defendant.

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