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(영문) 인천지방법원 2019.01.24 2018고정2554
주거침입등
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. On September 3, 2018, around 20:14, the Defendant entering a residence intrusion: (a) the victim, who was aware of before his/her residence in Bupyeong-gu, Incheon, Bupyeong-gu B apartment C (Y, 67 years old), was found to be under the influence of alcohol to request the termination or termination of the collateral security established at the Defendant’s house; (b) the Defendant entered the entrance through the joint entrance door of the entrance where the correction is not made; and (c) the Defendant was divided into the first class of the victim’s house, but the victim did not open the door several times; and (d) the victim invadeds the victim’s residence by avoiding disturbance, such as a disturbance, thereby impairing the peace of residence.

2. The Defendant causing property damage, at the same time and time as in the preceding paragraph, destroyed the apartment entrance door owned by the victim so that the amount equivalent to KRW 1,420,00,000, can be turned out by generating the entrance door of the apartment owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Voluntary report, internal investigation report (including photographs attached thereto), and quotation residential intrusion includes not merely a house itself, but also an elevator used for public use in multi-family housing, such as a multi-household house, multi-household house, apartment house, apartment house, etc., and stairs and corridor are naturally annexed to each household or household used as a residence, and there is a need to protect the peace of residence in fact. Thus, the act of intrusion upon residence is an elevator located inside multi-household house, multi-household house, multi-household house, apartment house, or apartment house, and corridor, which is the object of the crime of intrusion upon residence, except in extenuating circumstances, and infringing upon the residents’ explicit or implied intent.

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