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(영문) 대구지방법원 상주지원 2014.10.21 2014고정142
주거침입
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

At around 08:30 on June 29, 2014, the Defendant intruded into the house of the victim D, which is located in C, without obtaining permission from the victim D, and damaged the peace of the residence by putting it into the land and sound.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. On-site reports (at the time of appearance, on-site photographs) [The defendant and his/her defense counsel merely entered the house out of the land owned by him/her, and therefore do not constitute a crime of intrusion upon residence. However, the last party of this case is a part of the victim's house's "main of the above part," which requires the protection of the peace in real residence (see, e.g., Supreme Court Decision 2009Do4335, Sept. 10, 2009). Thus, the application of the law applicable to entry into marina as stated in the facts in the judgment by the defendant

1. Article 319 (1) of the Criminal Act applicable to the crimes;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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