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(영문) 의정부지방법원 2015.04.23 2015고정426
주거침입
Text

1. The defendant shall be punished by a fine of 80,000 won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Criminal facts

1. On June 26, 2014, around 10:40, the Defendant opened a door that was not corrected on the ground that the victim did not meet himself/herself, and entered the said multi-household house on the ground that he/she did not meet himself/herself, and intrudes into the residence of the victim by using public stairs.

2. On August 20, 2014, the Defendant: (a) opened a door that was not corrected by the victim on the ground that the victim was not her, and entered the said multi-household house on the ground that he/she was not her; and (b) went into the said multi-household house; and (c) intruded the victim’s residence by placing a door into the said multi-household house using public stairs.

3. On August 21, 2014, the Defendant: (a) opened a door that was not corrected by the victim on the ground that the victim was not her, and entered the said multi-household house on the ground that he/she was not her; and (b) went into the said multi-household house; and (c) landed into the residence of the victim by using the public stairs.

[Defendant asserts that his/her share in common use of multi-household housing is not "resident," but the stairs and corridors used for public use in multi-family housing, such as multi-household houses, multi-household houses, non-family houses, and apartment houses, are essential parts of each household or household used as a residence, and there is a need to protect the peace of real residence in his/her daily life and is planned to be supervised and managed by the resident, barring special circumstances (see Supreme Court Decision 2009Do3452, Aug. 20, 200).] The summary of evidence is a "resident," which is the object of the crime of intrusion upon residence (see Supreme Court Decision 2009Do3452

1. Partial statement of the defendant;

1. Application of the police protocol law to C

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

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 70 of the Criminal Act for the Detention of Labor House Head.

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