주거침입
Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
1. On August 15, 2014, around 13:00 on August 15, 2014, the Defendant invadedd the victim’s house through the victim’s gate, a neighboring house located in Mapo-gu Seoul Metropolitan Government, and not corrected in the house of the victim D, and invaded the victim’s house.
2. On October 3, 2014, around 11:27, 2014, the Defendant violated the victim’s residence by entering the victim’s house in excess of the victim’s house fence and invaded the victim’s house.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement made by the prosecution concerning D;
1. Application of investigation reports (the victim's additional statement and CD submission), investigation reports (the CCTV in residential cases)-related Acts and subordinate statutes;
1. Article 319 (1) of the Criminal Act and Article 319 (1) of the same Act concerning the applicable criminal facts, the selection of fines;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The defendant and his defense counsel asserts that the defendant's assertion of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the provisional payment order constitutes a justifiable act, since the defendant's plants raised at his home beyond the victim's fence or above the victim's crypter or opened the house for the benefit of the contracting party.
In addition to the following circumstances acknowledged by the evidence in the holding, ① there was a call that the victim would not enter the victim’s house even before committing each of the instant crimes, ② the Defendant’s act was committed on August 15, 2014 as indicated in the holding, and the Defendant appears to have again entered the victim’s house, and ③ the Defendant could not take any measures, such as seeking prior consent from the victim before entering the victim’s house, by taking full account of the circumstances, means, and methods of each of the instant crimes.