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(영문) 대전지방법원 2015.11.09 2015고정291
주거침입
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On December 9, 2014, around 09:30 on December 9, 2014, the Defendant entered the victim's residence without the consent of the victim, and intruded into the victim's residence without the consent of the victim, while the victim was absent.

Summary of Evidence

1. Application of Acts and subordinate statutes on witness D's legal statement;

1. Relevant provisions of the Criminal Act and Article 319 (1) of the Criminal Act concerning the selection of penalties;

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

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The alleged defendant is the mother of the victim's house.

The injured party has old his house and did not pay the management expenses.

The defendant received contact from a fire station that the fire alarm devices should be replaced, and the defendant did not contact with the victim.

Because of the above circumstances, there was no intention of intrusion, and even if there was intention, illegality is excluded by a legitimate act which can be accepted by social norms even if there was an intentional act.

2. According to the judgment witness D’s legal statement, the victim did not go to the above house and did not pay management expenses for several months, but was unable to carry mail, and the victim was living at the house, and the victim went to the house on December 9, 2014, and the victim went to the house on December 9, 2014, and the defendant was holding off the house from the bed and was using the clothes.

Even if the lessee neglected the management of the house, a person, who entered the house of the lessee without the consent of the lessee in the house during the course of the house of the lessee, diversing the house with the clothes lapsing from the bed, went beyond the scope of the purpose of management as the lessor’s children, and thus, the Defendant had an intention to intrude upon the house, and it cannot be deemed that the above act was a legitimate act that can be accepted by social norms.

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