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Reasons
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(영문) 청주지방법원 제천지원 2018.01.09 2017고정104
주거침입
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The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant and the victim C are married with each other, and they are currently in divorce proceedings.

On April 4, 2017, at around 19:20, the Defendant: (a) opened a door between the victim and the victim’s house and intruded on the victim’s residence, in order to have the victim’s computer from around 19:20,00, at the victim’s residence.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Partial statement concerning the suspect interrogation protocol of each police officer against the accused;

1. Each police statement protocol with respect to C: 1. Application of Acts and subordinate statutes on internal investigation report (Attachment to photographs);

1. Relevant Article 319 of the Criminal Act concerning the facts constituting an offense and Article 319 (1) of the Criminal Act concerning the selection of punishment;

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Penalty fine of 300,000 won to be suspended;

1. Determination as to the assertion by the defendant and his defense counsel under Article 59(1) of the Criminal Act (see, e.g., Article 59(1) of the suspended sentence (see, e., Supreme Court Decision 2006Da1548, Apr. 4, 2017) (see, e.g., Supreme Court Decision 2008Da1448, Apr. 2, 2017))

1. The summary of the argument is that at the time when the defendant started his/her stay separately with the victim, the defendant enters a residence on the facts constituting the crime as stated in the judgment in order to possess the defendant's goods (computer). Thus, there was no intention to intrude the residence.

2. Whether a resident or a manager has the right to reside in or manage a building, etc., since the crime of intrusion upon a residence is de facto protected legal interest and protection of the peace of the residence.

The issue of whether or not a crime depends on the establishment of the crime, but is related to the relationship with the resident or manager, etc.

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