If the defendant fails to pay the above fine, 50,000 won shall be one day.

On April 8, 2013, around 14:00, the Defendant entered the house of the victim D, the husband of the victim No. 101, 806, Ulsan-gu, Ulsan-gu, 101, the C building No. 806, and entered the house through the entrance, and intruded on the house of the female.

Summary of Evidence

1. Legal statement of witness F;

1. Application of the police investigation protocol (including F part concerning the statement) to the accused;

1. Article 319 (1) of the Criminal Act and the choice of fines concerning the crime;

1. Determination as to the defendant's assertion under Articles 70 and 69 (2) of the Criminal Act for the confinement of a workhouse

1. The alleged defendant does not establish a crime of intrusion upon residence, since he only dices while having dice in the above residence because he, a member of the same mountain society, gave a wild virtue, and he does not enter the above residence for illegal purposes, such as adultery.

2. Determination

A. Under the relevant legal principles, the legal interest protected in the crime of intrusion upon residence is not the legal concept of right to residence, but the right to enjoy peace and peace in living in the private life relationship. If one person has multiple right to residence and the consent of one person is directly or indirectly contrary to the intention of another resident, access to the residence is a result that harms the peace of residence, namely, the control and peace in management of the residence, and therefore, the crime of intrusion upon residence is established.

In addition, the above legal principle does not affect, as long as the control relationship of the dwelling exists in the absence of one of the persons living together, even if there is no person among the persons living together.

Therefore, even if the husband enters the residence with the permission of the wife, among the absence of a time, even if the husband enters the residence with the permission of the wife, the control relationship with the husband still exists, and it seems reasonable to view that the husband still remains against the husband's will to enter the residence for the purpose of adultery under social norms. Therefore, the husband's consent

Even if her husband's residence is a husband.