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🛏 | If a closed hotel is turned into a haunted house, a certain effect is that horror protects the city


写真 

Turning an abandoned hotel into a haunted house has a certain effect: Horror protects the city

 
If you write the contents roughly
After the ruins, there was a steady stream of people trespassing for the purpose of testing their courage or stealing, and there was concern that the security situation would worsen.
 

An abandoned hotel turned into a haunted house.Price display with graffiti on the old exterior. "Kimoda Messe" is out of business... → Continue reading

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Deterioration of public order

    Burglary

    Burglary(Jukyoushin Nyuzai) isPenal Code Article 130The crime stipulated in the first sentence.In the latter part of the same articleImmigration chargeIs stipulated.

    Overview

    The burglary is a person's crime for no good reasonResidenceEtc. ("People's dwellings or mansions, buildings or ships guarded by people")InvasionIt is established when it is done.Legal sentenceIs less than 3 yearsImprisonmentOr less than 10 yenfine.attemptedWill also be punished.

    Protection law benefitsConfiguration requirementsThere are many disputes over the interpretation of.Constituent requirementsIllegalityIn certifying, whether or not the intention of the resident right holder and the behavior of the infringer (the alleged person) should be taken into consideration, and the basic human rights of the two should be weighed, if any, should be done. It becomes a problem.For exampletheftThere is a problem in the situation where entering a department store that is open for the purpose from the entrance is a building invasion.

    US Army in JapanIf you break into the facilityPenal CodeWill be punished by.

    In addition, onceInvasion of the Imperial Palace, etc.There was a provision in Article 131 of the Penal Code (a serious punishment for acts against the imperial royal family),1947Was deleted and is now punished for trespassing.

    Protection

    Regarding the benefits of the law for the protection of burglary crimes, there are theories that this is the right to housing and that it is the de facto peace of the residence.

    The content of "right to housing" here varies.The prewar judicial precedent was premised on the family system and was in a position to make the right of residence belonging to the patriarch a protection law benefit.This is called the old housing rights theory, but this view was abolished after the war.After that, in the theory, the position that the peace of the house was a protection law benefit (peace theory) became influential.In addition, a theory (new housing right theory) was also asserted, in which the content of the housing right was reconstructed as "freedom to allow others to enter the house (license right)" and the housing right was interpreted as a protection law benefit.

    戦後の下級審裁判例では平穏説に親和的な判決が多数出現し、最高裁判決においても、傍論ではあるが平穏説に立つことを明言し、あるいは、平穏説に立つと見られるものが現れた(最判昭和51年3月4日刑集30巻2号79頁)。しかし、「侵入」の意義に関して、これを「他人の看守する建造物等に管理権者の意思に反して立ち入ることをいう」とした最高裁判決(最判昭和58年4月8日刑集37巻3号215頁)が登場して以来、判例は新住居権説に立っていると理解されている。

    As a result of burglaryYour PrivacyMay be protected, but not punished for privacy infringement.Many theories refer to privacy when considering the benefits of protection or the significance of "invasion," but they do not consider privacy to be the benefit of protection for burglary.

    object

    The question of "object" is whether "where" invasion is a burglary.Article 130 of the Penal Code stipulates the object of the crime of trespassing, that is, the place where the invasion is prohibited in this crime, in addition to the "house of a person", the "mansion" and "building" that are guarded by a person. Or it is a "ship".Of these, there is a particular dispute over what is included in "houses" and "mansions."

    People's dwelling

    A "dwelling" is defined as a place that a person uses on a daily basis for lying down and eating.On the other hand, there is an objection that if it is a place that people use for their daily lives, it can be called a "dwelling".The conflict between the two is embodied in the form of whether or not company offices, university laboratories, stores, etc. are included in the "dwelling".From the former standpoint, these are not "houses", but since they fall under the category of "buildings", the crime of trespassing does not stop.

    As often the question of whether or not it can be called a "dwelling"ApartmentThere are common areas (stairs, passages, etc.).There is no objection to the fact that each private room in the condominium is a "dwelling".Regarding common areas, there are views that this is regarded as a "dwelling" and that it is only included in a "mansion".If the common area is nothing more than a "mansion", then only the invasion of the "human guard" common area constitutes a burglary.The judicial precedents tend to be "mansion" rather than "dwelling".However, there is a position in the theory that the common area of ​​"dwelling" should be included in "dwelling", and there are many lower court cases that refer to it as "dwelling".In any case, just because it is a common area that anyone can enter and exit does not mean that the burglary is not immediately established.

    Judgment On April 20, 4, the common area of ​​the condominium was not a "dwelling" but a "mansion guarded by people", so "dwelling" basically refers only to the exclusive part. Conceivable.

    In addition, since it is a "human" residence, only the invasion of another person's residence constitutes this crime.Others may be squatters.Also, the rent is delinquentMissingTo the renter's residenceeveryoneIt is said that the act of withdrawing luggage regardless of the court's enforcement procedure is also a crime of trespassing.

    Mansion / building

    Invasion of "houses and buildings guarded by people" also constitutes a burglary.

    "Keeping a person" means de facto management and control by a person (maximum judgment, December 59, 12, Penal Collection Vol. 18, No. 38, p. 12).

    "Mansion" refers to an unoccupied house or the like where no one actually lives.This also applies to villas that are used seasonally and are not inhabited by people.

    Invasion of the site (garden, etc.) attached to the house is also a crime of trespassing.In addition, the site attached to the house is connected to the house and surrounded by barriers, etc.Not right lanesIf it is recognized as (Inyocho), it is treated as a part of the residence, and the invasion into it constitutes a crime of trespassing on the residence (maximum judgment, September 25, 9, Penal Collection Vol. 27, No. 4, p. 9). . Regarding the definition of the surrounding area, the most recent sentence, March 1783, 51, Vol. 3, No. 4, p. 30).Therefore, even if you have not invaded the building, when you get over the wall and invade the courtyard, etc., you will be guilty of trespassing on the house (not just trying).

    In addition, the common area of ​​the condominium also corresponds to the mansion (maximum size April 20, 4).

    Ship

    "In Article 130 of the Penal Code"ShipIs a ship large enough for humans to live in.[Annotation 1](warship) And owned by the state or the private sectorShipSay that.In a pond in the parkボ ー ト,CanoeCan be said not to be a "ship"[Annotation 2].

    Not right lanes

    Parking lots that do not correspond to the above residences, mansions, buildings or ships[Annotation 3], Even if you enter a vacant lot or a field, or inside a car or railroad car, you will not be guilty of trespassing.[Annotation 4](However, if there is trolls or stainsCrime of property damageIf you violate the evacuation measures for good reasonRailway business lawviolation,Business interruptionIf there is a sign saying that it is off limitsLight crime lawCan be accused of violating Article 1, Item 32[Annotation 5]. )

    There are various theories about the land that is attached to and surrounds a dwelling, mansion, or building (“enclosed land”), but the judicial precedent is that “it exists in the vicinity of the building and the manager is at the boundary with the outside. It suffices if it is clearly stated that the building will be used for use as an annex to the building by installing a fence such as "Omitted" (the fence) "can block traffic to the outside." It has a structure of a certain degree. ”(Omitted)“ It doesn't matter whether the site can be recognized as a site unique to the building, or whether the fence facility is a temporary structure (Omitted) ”, and the temporary wire mesh fence is moved. Regarding the act of pulling down and invading the surrounding area inside it, the surrounding area was said to be "an object of the crime of invading a building".[1].

    In this way, many myths and judicial precedents are "to protect the building from invasion of the building itself or to the extent that the peace of use of the building is impaired or threatened by the invasion of the right part." The "peace theory" is taken.

    In addition, the Tokyo High Court's decision on July 1993, 5 stated that "a gate wall was set up as an annex to the building to restrict traffic to the outside and prohibit foreigners from entering and exiting unnecessarily. "If you invade the place where you are, you will be guilty of trespassing the building." "In order to be a surrounding area, the land exists in the vicinity of the building, and the manager is the boundary with the outside." It suffices if it is shown that the fence is provided for the use of the building as an annex to the building by installing a fence such as a gate wall in the building. ”The defect of the fence (presence or absence of lock, gate) The crime was committed regardless of whether it was opened or closed.

    From the above, not only the surrounding areas such as buildings, which are equipped with gate walls by blocks, fences, bamboo fences, etc., but also one chain at the boundary of the site,Road cone-Even if it is easily equipped with a fence such as a cone bar, it will be an object for building invasion.The fact that the gate is open, that there is a gap in the fence and that it is possible to pass through, etc. is not a reason for exemption, that is, there is a manifestation of intention to prevent invasion of the surrounding area, and dare to pass it illegally. For example, the crime is supposed to be established.

    Other

    Of course, if a person leaves his / her residence temporarily or for a long time due to going out or traveling, he / she is an object of this crime.In addition, villas and secondary housing (those that are used for lying down and eating temporarily due to the convenience of the occupant) are guarded even during the season or period when no one lives. Since it is a mansion, it becomes an object of this crime.

    Abandoned as if it were an abandoned house, invaded an abandoned dwelling ("mansion") or building, and there[Annotation 6]If you feel like you are sittingLight crime lawThe application of Article 1, item 1 will be considered.However, if you are evacuating from the residence due to a disaster, etc., even if the residence is in a habitable state, it does not mean that you have abandoned or abandoned the residence, but simply the residence. Does not prevent the establishment of this crime because

    As for other structures and ships, this offense requires that a person be guarded, so if you sit "inside" these things that are not (long-term) guarded by a person,Light crime lawArticle 1, item 1 applies.In addition, since the provision of the law is not "ship" but "ship", the law is applicable even if it is hidden inside a boat smaller than the "ship" assumed by the burglary.

    Light crime lawSince Article 1 No. 1 is on the "inside" side, it is considered that it does not apply to surrounding areas such as buildings that are not inhabited and guarded, but Article 32 No. XNUMX of the same law There is room for application of.

    Significance of "invasion"

    Infringement theory and peace infringement theory

    There are conflicting views on what kind of entry is "invasion" and in relation to the benefits of the burglary protection law.

    First, there is a position (intention infringement theory) that entry against the will of the owner / manager of the residence is regarded as "invasion".This is usually said to be the result of interpreting the benefits of the burglary protection law as a right to live.On the other hand, there is a position that the entry that impairs the peace of the house is "invasion" (peace invasion theory), and this is said to be a result of the position that the protection law benefit of the crime of trespassing the house is regarded as the peace of the house. ..

    A typical example of the difference between the two theories is when a resident of a house (residential right holder) or a manager of a building, etc., is prohibited from entering the house and enters quietly so as not to disturb peace.According to the position of understanding "invasion" by entering against the will of the manager, a burglary can be established.On the other hand, according to the position of "invasion" with an entry that impairs peace, such an act of entry cannot be said to be an "invasion", and the burglary is not established.

    The judicial precedent is understood to be "invasion" by entering against the will of the resident right holder, etc. (Major judgment, April 58, 4, Penal Collection, Vol. 8, No. 37, p. 3).With this, the judicial precedent is said to be in a position to consider the legal benefit of the protection of the crime of trespassing as a right of residence.

    The following are cases in which the Supreme Court ruling affirmed "intrusion."

    • Case where Zen Teishin Labor Union entered the post office and pasted 1000 villas
    • A case of entering the tax office premises where people can pass freely at night in order to throw human feces in a cement bag into the tax office building (December 31, 12)
    • A case in which a family member entered the residence after hiding the purpose of the robbery and saying "Tonight" and responding "Ohiri" (July 24, 7)
    • A case of entering an open bank branch office (unmanned) for the purpose of voyeurizing the PIN code of an ATM user's card (July 19, 7)
    • Act of entering the dormitory of the Self-Defense Forces from the site of the dormitory and the entrance on the 1st floor to the front of each door in order to put the anti-war villa in the newspaper (April 20, 4)

    Attempted punishment

    The crime of trespassingattemptedIs also punished (Article 132 of the Criminal Code).For example, an attempted burglary was made when trying to get over the wall of another person's house.However, it is not an attempt but an attempt at the time of climbing the wall.[2][3].

    Relationship with immigration

    Even if the burglary is denied because the act of entry is not "invasion", if the administrator requests you to move out and does not respond to it.Immigration chargeIs established.It is the case law that only the burglary offense is established when both the burglary and non-evacuation offenses are met.

    Relationship with other crimes

    For example, if you sneak into a person's house for the purpose of theft,TheftAnd the two crimes of burglary are established, and it can be said that both crimes have a relationship of means and purpose.Checker(The latter part of Article 54, Paragraph 1 of the Penal Code)One sentence on the sentenceWill be punished within the statutory penalties for the heaviest offenses.Besides theft crimesRobbery,Arson crime,Rape crime,MurderEtc. are said to be in a relationship of collusion.

    Relationship with freedom of expression

    Tachikawa anti-war flyer distribution case,Katsushika party villa distribution caseSuch,Political bodyIn order to distribute leaflets and leaflets as part of the activities of political parties and parties, the act of an outsider who is required to enter the house (common area) without the consent of the residents or is requested by the residents is a burglary. There are cases where it is disputed whether or not it will be.

    First of all, it was argued that they only physically entered a place where anyone could enter at all times, and that it did not correspond to the invasion of the "house", which is the object of the burglary. ing[By whom?].

    Lawyer OfMakoto ItoIt is,Ministry of DefenseGovernment buildingAlthough the distribution of villas to people has been carried out for more than 20 years, it has never been a problem before the Tachikawa anti-war villa distribution incident, and it is a problem to put commercial villas in the mailbox without permission. Since it is unlikely that this is the case, he pointed out that "the arrest and prosecution in the Tachikawa anti-war villa distribution case was made because of the person who distributed it and the contents of the villa," he said.Freedom of expressionGuaranteeConstitutionWhen the criminal law collides with constitutional value, we must refrain from committing a crime to a certain extent. "[4].

    Even in judicial precedents, some are guilty and some are not guilty, and the reasons for each are different.In addition, April 2008, 4,Supreme Court第 2Small courtIs an act that admits the establishment of a burglary in the Tachikawa anti-war villa distribution case and is against the will of the management right holder, and is an act that impairs the peace of the residents' private lives.Article 21 of the Constitution of JapanIt is said that it does not violate the first item.

    Criticism

    Hideo Ogura, a lawyer, said, "There is no punishment provision under the criminal law.StealI think it's a trick to use the burglary to effectively punish you. "[5].

    Related item

    footnote

    [How to use footnotes]

    注 釈

    1. ^ JMSDFAnd vessels operated by foreign troops.Corresponds to classification number 504 in the Japanese standard product classification.
    2. ^ If you enter the mooring facility or storage place without permission to board, you will be invading the facility.
    3. ^ Limited to those that are not attached to a residence, mansion or building.The multi-storey car park with the appearance of the building is itself a building.
    4. ^ Immediately for the railway site (public exclusion zone)Railway business lawArticle 37 The crime of violation is established.
    5. ^ An off-limits label is required (for application) on land that is not an object of this offense and does not have a house, mansion or building.In the case of residences, etc. or surrounding areas that are the object of this offense, no special off-limits indication is required (to establish this offense).
    6. ^ whether temporary or long term.

    Source

    1. ^ March 1976, 51 (Showa 3) Supreme Court First Small Court Decision (Case No. 4 (A) 49)
    2. ^ "The top of the wall is a building? The Supreme Court first decides that it is a part of the building.". Sankei Shimbun(July 2009, 7). http://sankei.jp.msn.com/affairs/trial/090715/trl0907152056016-n1.htm April 2009, 7Browse. [Broken link]
    3. ^ The first small decision July 21, 7(A case where the crime of trespassing a building was established for the act of climbing up to the top of a wall with a height of about 2.4 m at the police station).
    4. ^ "Makoto Ito's Kenpo Handicraft School" 4th "When Freedom of Expression is Violated" Magazine 9
    5. ^ Common space and burglary

     

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