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(영문) 제주지방법원 2016.12.02 2016고정499
주거침입
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On August 1, 2015, the Defendant: (a) around 18:30, around 2015, around July 22, 2015, around the Jeju-si Building 203, the Defendant classified the passwords of the digital drawings installed in the instant officetel gate to prevent the entry of the victim D and E, and changed the passwords.

Accordingly, the defendant invadedd on the building managed by the victims.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police suspect interrogation protocol of E or D;

1. Statement made to D by the police;

1. The defendant and his defense counsel asserts that the act of the defendant does not violate social rules and thus constitutes a justifiable act.

The following circumstances acknowledged by the evidence as follows: ① The registration of establishment of a right to lease on June 17, 2013 in the name of the defendant was cancelled on July 22, 2015 with respect to the instant officetel owned by F on the ground of sale due to compulsory auction on the same day before the victim E; ② the defendant conducts remodeling after renting the instant officetel from the former owner F on June 17, 2013; ③ the victim E and her husband D were awarded the instant officetel and then requested the lessee to leave the instant officetel, and the sub-lessee director was removed, and the sub-lessee completed the registration of establishment of the right to lease on the instant officetel, and the Defendant did not enter the instant officetel and confirmed the status of the victim or the instant officetel on April 13, 2015.

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