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The defendant shall be innocent.
Reasons
1. On May 11, 2018, the Defendant, at around 12:15, went into the residence of the wife victim D, a separate house located in Yeongdeungpo-gu building B B, Suwon-si, Suwon-si, and went into the residence of the said victim, following the Defendant’s intrusion into the residence of the said victim, such as taking the 3th floor through the joint entrance of the said Ba, taking the front body of the victim’s 3th floor through the stairs, taking the front body of the Cho Lake, taking the door twice in hand, and passing through the door, and passing through the sound.
2. According to the evidence duly adopted and examined by this court, the defendant entered the Dong Dong-dong of building B in the facts charged at the time indicated in the facts charged, and opened the door by opening the door several times before the victim resides in Cho Lake, it is recognized that the victim had avoided the defendant at the time and left the door to the above residence, and the above act by the defendant at the time constitutes the element of the crime of intrusion upon residence under the Criminal Act.
However, in full view of the following circumstances, including evidence duly adopted and examined by this court, it is reasonable to view that the above defendant's act constitutes a justifiable act that does not go against the social norms and thus, illegality is excluded.
① Around April 30, 2018, the victim got out of the Republic of Korea (seven years of age) and then prevented the Defendant from communicating until the occurrence of the instant case.
② The victim tried to get a divorce by agreement due to the unique nature and violent nature of the defendant, but the victim expressed his opinion that the defendant will temporarily go out of the country without undergoing a divorce procedure due to conflict of his/her opinion, and was living in his/her residence.
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According to the statements of the victim, there was an agreement on separate departure between the defendant and the victim at the time of the occurrence of the instant case.
It is difficult to see, and