If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

On August 2019, the Defendant: (a) entered the first floor of the △△△△△△ Party, a residence of the victim C in Seocho-gu Seoul, Seocho-gu, Seoul, and his spouse, and went into the front of the place of the residence of the victim and went into the front of the place of the residence where the victim is living, and intrudes on the residence of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the police statement protocol law to C

1. Relevant provisions of the Act and Article 319 (1) of the Criminal Act concerning facts constituting a crime. Article 319 (Selection of Penalty)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. As to the Defendant’s assertion under Article 62(1) of the Act on the Suspension of Execution (In light of the place of intrusion, degree of intrusion, motive for intrusion, and act of scambling after intrusion, considering the fact that the Defendant was the primary offender, it is not heavy, and considering the fact that the Defendant was the primary offender) of the Criminal Act, the Defendant was passing ahead of his house through a joint stample, which is opened to divide the dialogue with his spouse in relation to the damage inflicted by C. As long as the purpose of crime was not for the purpose of crime

The argument is asserted.

In the crime of intrusion on residence, housing refers not only to a house itself, but also to the summary of the residence such as the garden.

Therefore, stairs and corridors used for public use in multi-family housing, such as multi-household houses, multi-household houses, apartment houses, and apartment houses, are necessarily annexed to the exclusive part of each household or household used as a residence, and are expected to be supervised and managed in their daily lives and to protect the peace of de facto residence. Thus, barring any special circumstance, it constitutes “human habitation” (see Supreme Court Decision 2009Do3452, Aug. 20, 2009, etc.) that is the object of the crime of intrusion upon residence, barring any special circumstance (see, e.g., Supreme Court Decision 2009Do4335, Sept. 10, 2009). In addition, intrusion against the explicit or implied intent of the resident at the above place constitutes a crime of intrusion upon residence (see, e.g., Supreme Court Decision 2009Do4335