(영문) 서울서부지방법원 2020.11.11 2020고단2615

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자간(%)

(영문) 서울서부지방법원 2020.11.11 2020고단2615

주거침입등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant and the victim B (the age of 39) were the rights and duties from November 1, 2017 to the private rights and duties, the victim changed contact details on January 2, 2019 to cease contact with the defendant, and on May 3, 2019, the defendant and the victim B (the age of 39) were directors of Mapo-gu Seoul Metropolitan Government C Apartment Ddong.

Since September 2019, the defendant and the victim began to come back again from September 2019, but the victim did not inform the defendant of his domicile by finding the defendant's house and leaving the movement.

1. Intrusion upon residence;

A. On May 2020, the Defendant: (a) discovered the victim’s residence by denying contact with the victim and blocking contact with the defendant; and (b) discovered the victim’s residence by failing to do so; (c) on May 29, 2020, around 23:00, through the joint entrance of the victim’s apartment house in his residence; and (d) did not answer the victim; (c) asked the victim who was the victim; (d) did not answer; (e) the victim was able to confirm the other party; and (e) put the victim’s hand in the cres of the door to check the other party; and (e) took the victim’s hand, knife the victim’s hand and knife the knick.”

Accordingly, the defendant invadedd the victim's residence.

B. On or after July 20, 2020, the Defendant: (a) around 15:20 on August 8, 2020, when the victim did not know the Defendant well; (b) around 15:20 on August 8, 2020, the Defendant, via the joint entrance of the above apartment house of the victim, opened the door in front of the entrance; (c) opened approximately 10 minutes of the early garment, and kept the password arbitrarily in order to cancel the escape.

Accordingly, the defendant invadedd the victim's residence.

2. No person who violates the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) shall have the other party reach the other party any words, pictures, images, etc. that may cause a sense of sexual shame or aversion through communications media with intent to arouse or satisfy his/her or other persons' sexual desire;

Nevertheless, the defendant is the victim around 19:46 on August 7, 2020.

유사 판례

-제주지방법원 2018.05.18 2017고정256

-대구지방법원 서부지원 2016.01.21 2015고단1161

-춘천지방법원 강릉지원 2019.01.10 2018고단1120

-대전지방법원 2020.01.31 2019고정1146

-서울동부지방법원 2021.04.22 2020고정1020