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(영문) 광주지방법원 2019.08.09 2018고정1304
주거침입
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The Defendant is the owner of the second-story residential building located in Gwangju Northern-gu, and the victim C (the 23 years old and the 26 years old and the 26 years old and the 26 years old are the two-story lessee of the above building.

At around 12:50 on October 28, 2018, the Defendant rejected D's failure to enter the second floor of the victim and D as a result of the collection repair of the phone, but D's failure to say D's failure to enter the house that "if the Dong C is married, it should not enter the house."

Nevertheless, the defendant opened a second floor door by using the key to the female, and entered the living room and intrudes on the residence of the victim.

2. Determination

A. The defendant and D's assertion that they were entering the second floor on the day of the instant case, D was not located at the time.

In the division of characters, at around 12:48, D received the last rejection letter from D, and immediately, D calls and calls to D to mean that "it may go up to 1,20 minutes, and if there is a her birth, her birth will go up to 1,20 minutes," and D calls to be known, and 3,4 minutes, and she thought that she would go at her home and she would go back to her home.

Therefore, without recognizing that the victim's intention is against the victim's will, it is argued that there is no intention of residential intrusion.

D, at the time of the above telephone call, did not agree to enter the house, only that the phone calls only called the defendant to contact and wait for the victim.

In addition, the defendant asserts that the victim was waiting for the victim to not receive the above phone call, but again, the defendant called the victim to the "doctrine, not receiving the mobile phone," and again, the defendant called the victim to "doctrine".

D The first head of the testimony calls the victim, but the victim did not receive the telephone, and the victim calls his/her own phone to the defendant.

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