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(영문) 의정부지방법원 2018.02.22 2017고정1135
주거침입등
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged in the instant case is the victim B (n, 61 years of age) who resides in the Macheon City C, and the Defendant was the person residing in the adjoining land of the victim, and the Defendant and the victim became the vision of each other on the date the main gate of the Defendant’s house was installed in invasion on the victim’s land.

A. On March 4, 2016, at around 15:30, the Defendant: (a) confirmed that the victim’s family members were out of the house and were not on the house; and (b) confirmed that the victim’s family members were not on the house; and (c) invaded upon the victim’s residence by entering the back of the victim’s house outside the boundary of the fenced fence, which is outside of the fenced fence.

B. On March 30, 2016, at around 18:00, the Defendant and the victim’s home land, the Defendant: (a) destroyed the Defendant’s party D (the age of 32) who is his/her wife B, thereby damaging the posts; and (b) the Defendant attempted to restrain the Defendant from taking these Handphones twice; and (c) caused the victims to inflict an injury on the victims, such as fingers, which requires treatment for a period of seven days.

(c)

b. The Defendant’s insultd. B. Whether there is a crime committed in relation to the victim D among the victims of E, who are neighboring residents, at the time and place described in the paragraph;

창경원에서 살 동물 같은 년, 앞길이 불쌍한 년, 시집도 못 간 년, 뚱뚱 해서 되질 년” 등의 욕설을 하여 공연히 피해자를 모욕하였다.

2. Determination

A. According to the judgment on the intrusion of residence, the CCTV images from March 4, 2016, and the refluent CCTV images (hereinafter “CCTV attachment 04 to 07”), the lower end of the victim’s house and the house where the Defendant resides are installed, and the fences are installed at the lower end of the victim’s house located inside the fence of the said rats, and the fence that is refluent to the lower end of the victim’s house located outside the fence. According to the video of the aforementioned “CCTV attachment 05” file, the victim’s house room is located near the wood fence installed at the back of the victim’s house.

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