On August 26, 2018, at around 15:45, the Defendant: (a) committed an act together with the victim C (the age of 23) in Dongjak-gu Seoul Metropolitan Government (hereinafter “instant Borrowing”); (b) in 2016, and (c) when the Defendant her friended three persons, including D, who was the Defendant’s her friend and carried out drinking, and was her first returned home; (c) on the case where D her quasi-raped the victim, the Defendant her friended the victim into the above friend door to her frienda, and infringed upon the victim’s residence by taking the victim from the stairs of the victim’s friend, which is between the friend of the victim’s residence,

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement of C;

1. Scenic photographs of each site, or photographs of neighboring areas;

1. Application of Acts and subordinate statutes to report on investigation (related to confirmation of place of occurrence);

1. Relevant Article 319 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. A fine not exceeding 300,000 won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;

1. Determination as to the assertion of the Defendant and the defense counsel under Article 59(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing below)

1. The gist of the assertion is that the corridor and stairs within the first floor of the Bara, which are public-use places, can freely pass without the explicit consent of the manager. Since the manager does not specifically correct the above joint entrance door, and the defendant does not enter the Bara for the purpose of crime, the defendant's act is dismissed by abstract and implied consent, and it cannot be deemed that the control and the peace of management of the Bara was harmed.

2. In the crime of intrusion upon residence, housing does not simply refer to a house itself, but includes a summary such as the garden.

Therefore, elevators, stairs and corridors used for public use in multi-family housing, such as detached houses for multi-household, multi-household houses, non-family houses, and apartment houses.