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Defendant shall be punished by a fine of KRW 500,000.
Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Reasons
Punishment of the crime
The defendant was in a relationship with D, the husband of the victim C.
On December 11, 2017, at the time of residence around 08:00, the Defendant invadedd the victim’s residence more than five times from that time to February 15, 2018, from that time, by using the gap in which the door was opened at the time of entry of the residents in order to meet D, and entering the front of the 902 entrance immediately adjacent to the victim’s residence, 901.
Summary of Evidence
1. Legal statement of the witness D;
1. Statement made by the police against C;
1. Recording notes;
1. Determination as to the assertion by the defendant and his defense counsel of each investigation report (No. 4 and 8 of the evidence list)
1. The summary of the argument is that the defendant is between the victim's apartment in order to raise objections against the spread of false information D, and is not entering the house but staying only in the section for common use.
Thus, the defendant's act constitutes a justifiable act that does not go against the social norms, and is not a household.
Even if there was no perception of illegality because the defendant did not know about the illegality of entering the section for common use.
2. In the case of intrusion upon residence, a residence called;
Since it does not simply refer to a house itself, but includes the above summary, such as the fixed number of houses, and elevators used for public use in multi-family housing such as multi-household houses, multi-household houses, apartment houses, apartment houses, etc., and stairs and corridors are naturally annexed to the exclusive part of each household or household which is used as a residence, and there is a need for the residents to monitor and manage in their daily lives and to protect the peace of de facto residence. Therefore, elevators inside multi-family housing such as multi-household houses, multi-household houses, apartment houses, and apartment houses, and common stairs and corridors, barring special circumstances, are the object of intrusion into residence.