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(영문) 대구지방법원 2018.06.15 2018고단1969
주거침입등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On April 21, 2017, the Defendant was sentenced to six months of imprisonment by the Daegu District Court for interference with business affairs, etc. and completed the execution of the sentence in the Daegu Prison on June 18, 2017, and is currently under repeated crime period.

The defendant and the victim C are married around May 2005 and divorced around August 2012.

1. On April 20, 2018, the Defendant refused to leave the victim’s house located in Daegu Northern-gu D on April 20, 2018, the Defendant did not respond for about 20 minutes even though the Defendant received a demand from the injured party “out of the house” due to a gap in the victim’s house located in the front day by making use of the gap in which the victim’s house is opened.

Accordingly, the defendant did not comply with the demand of the victim to leave without justifiable reasons.

2. Intrusion upon residence;

A. On April 20, 2018, the Defendant committed the crime at around 21:34, Apr. 20, 2018, before the victim’s home as indicated in paragraph (1) around April 20, 2018, the Defendant was in front of the victim’s home, and the victim was subject to 112 reports on the same ground as that stated in paragraph (1) and carried out as the victim’s home in order to ask the victim. However, even though the entrance was locked by hand, the Defendant was unable to avoid any disturbance, such as leaving the door of the entrance in his/her hand and walking the door in his/her place of home. In order to prevent the victim from the Defendant, the Defendant went into the victim’s home by using the creb

Accordingly, the defendant invadedd the victim's residence.

나. 2018. 4. 23. 자 범행 피고인은 2018. 4. 23. 08:40 경 1 항 기재 피해자의 집 앞에 이르러, 피해자의 동의를 받지 아니한 채 그곳 마당을 지나 계단으로 피해자의 집 앞까지 올라간 뒤 잠겨 있는 현관문을 손으로 두드리고 발로 걷어찼다.

Accordingly, the defendant invadedd the victim's residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C, E, and F;

1. Investigation reports (Attachment of Reports 112 by Victims), five copies of 112 reports, investigation reports (on-site reports), site photographs, investigation reports (Attachment of photographs of a lease contract at the victim's residence), lease contract, and investigation reports (the victim's residence);

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