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(영문) 수원지방법원 2016.12.29 2016고정1003
주거침입등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On February 21, 2016, the Defendant found the above C as an officetel in the sphere of the victim D management of the victim's residence, and entered the above officetel in front of the above officetel 1202 in order to visit the said C, at around 00:30 on February 21, 2016, the Defendant was notified that C would be punished as a crime of intrusion upon residence, and at around 01:30 on the same day, the police officer who received a report again by 112 by admitting the above officetel at the time of the victim D management.

Nevertheless, at around 03:05 on the same day, the Defendant entered the main entrance of the instant officetel through the main entrance of the first floor, and up to the front of the 1202 entrance, without permission, intruded into the instant officetel.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Part of the witness C’s legal statement;

1. Determination as to the assertion by the defendant and defense counsel of the department notified of the 112 Incident Report-Related Department

1. The gist of the argument is that at the time of the instant case, the Defendant’s female-friendly C contact with the police to the effect that the Defendant safely returned the Defendant to the Republic of Korea and did not report the Defendant as a crime of intrusion upon residence. It is difficult to view that the Defendant’s officetel visit is contrary to the intent of the residents of C and other officetels, and that D, a security guard, cannot be deemed the victim of the crime of intrusion upon residence, and that the Defendant did not have any fact of avoiding the disturbance of drinking alcohol before C’s officetel 1202, it is difficult to deem that the crime of intrusion upon residence was established.

2. Facts of recognition and judgment

A. According to the evidence established prior to the facts found, the following facts are recognized:

(1) On February 20, 2016, the Defendant had several arguments about the Defendant’s drinking of female-friendly job offers C along with drinking and sending time. C is the Suwon-si, Suwon-si, a residence, E.

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