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(영문) 서울남부지방법원 2021.01.27 2020고단5699
주거침입
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Comprehensively considering the evidence submitted, part of the facts charged shall be modified and recognized within the extent that there is no substantial disadvantage to the defendant's defense right.

The defendant is the manager of the building B located in Dongdaemun-gu Seoul Metropolitan Government, and the victim C is a person who operates the building B in the name of "D" in the building B.

While the defendant was suffering from conflicts with the victim due to the above building management issues, he tried to find out the victim's residence in order to resolve this problem.

On September 10, 2020, the Defendant, at around 19:30 on September 19, 2020, arrived at the underground parking lot for apartment buildings in the residence of the victim of the Yangcheon-gu Seoul apartment building F, and opened the official entrance, making it impossible for the victim to enter into the facility because he did not open the official entrance, and entered the crebs emitted out of the above official entrance, and subsequently, the non-resident of the name entered the crebs in the name-free door, which the non-resident of the 9th floor from the elevator or the 9th floor to the victim's residence, and asked the victim to leave only before the G, which is the victim's residence. However, the Defendant was rejected, it was difficult to escape the disturbance

Accordingly, the defendant invadedd the victim's residence.

Summary of Evidence

1. Application of Acts and subordinate statutes to a statement of the Defendant’s legal statement C to the investigation report (the investigation report on an excursion ship by a shot person), the investigation report by an engineer H 112, and the processing report by the Defendant;

1. Article 319 of the Criminal Act applicable to the crime, Article 319 of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant found his/her residence in the victim's explicit rejection, thereby impairing the peace of his/her residence, and that the defendant has been punished several times for violent crimes. However, the defendant's mistake is recognized, and the victim does not want the punishment for the defendant, and the delinquent management fee is the building manager.

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