Defendant shall be punished by a fine of KRW 700,000.

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

Punishment of the crime

From 2010 to 2011, the Defendant was a person who had a relationship with C during the period from 2010 to 201, and the victim D (V, 38 years of age) is currently living together with C.

At around 11:00 on March 22, 2017, the Defendant opened a gate which was opened for the purpose of delivery of C and infringed upon the residence of the victim.

Summary of Evidence

1. Protocols of examination of witnesses other than the date for examination of witnesses D;

1. The legal statement of the witness C;

1. The application of Acts and subordinate statutes to the certificate of domestic residence report of a foreign national Korean, and the monthly rent contract for detached houses;

1. Article 319 of the Criminal Act applicable to the crime, Article 319 of the Criminal Act, the selection of fines, and the selection of fines;

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

1. As to the assertion of the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act, the Defendant and the defense counsel stated in the facts charged did not reside in the residence indicated in the facts charged (hereinafter “instant house”). Since the Defendant and the defense counsel did not enter the instant house with the consent of C from the person with the right to residence and entered the instant house with the consent of C, it does not constitute the crime of intrusion upon residence, and family D resided therein.

Even if you believe that D and C’s horses were hedging, it is argued that there was no intention to infringe upon the residence of the defendant.

In the criminal law, the protection of the legal interest of the crime of intrusion upon residence is not a legal concept of the right of residence, but is a freedom of residence and peace in the private living relationship, and all of the people who live together in the residence are entitled to enjoy peace. If one person has multiple right to residence directly or indirectly is contrary to the intention of another resident, the access to the residence is a result of undermining the peace of residence, that is, the control of the residence, and the peace of the management, and even if there is no one of the visitors, the control relationship of the residence exists externally.