(영문) 제주지방법원 2020.03.20 2019고정440

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(영문) 제주지방법원 2020.03.20 2019고정440

주거침입

Text

Defendant shall be punished by a fine not exceeding one million won.

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

Reasons

Punishment of the crime

The Defendant was living together with the victim B (the age of 56) and around 2 years from 2013 and hered to the victim.

On March 29, 2019, around 12:30 on March 29, 2019, when the victim was temporarily living in Jeju City C, the Defendant entered the said place of residence by an unlawful means between the victim and the victim’s housing. The Defendant did not comply with the request to leave the found place of residence, thereby infringing upon the victim’s residence.

Summary of Evidence

1. A statement made by the witness B in this Court;

1. Partial statement of the suspect interrogation protocol of the defendant prepared by the police;

1. Statement of statement concerning B prepared by the police;

1. A written statement prepared B;

1. Each entry into the police report, 112 report processing records, inquiry report, and inquiry inquiry report, respectively;

1. Each disposition not to be taken by the prosecution and each entry of the report on the results of confirmation;

1. To enter each copy of the summary order;

1. Determination on the assertion by each video defendant and defense counsel of the relevant photographs

1. The gist of the assertion has been prior to several years prior to the victim’s explicit and implied consent, allowing entry into the victim’s above residence.

At the time of the instant case, the Defendant sent text messages to that effect to the victim who intends to take a bath of the victim’s children, and received a request to leave from the victim who was taking a bath of the victim’s residence, but only stayed in order to complete his/her bath.

Therefore, at the time of the instant case, the Defendant did not have the intention to enter the victim's residence against the victim's will and did not harm the peace of the victim's residence.

2. The crime of intrusion upon residence is established if the act of entering a house is committed in spite of the explicit or presumed intention of the resident or manager, even though the person previously permitted access to the building is against the explicit or presumed intention of the resident or manager;

Supreme Court Decision 99 delivered on September 15, 1995

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