Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Punishment of the crime

At around 14:00 on November 20, 2013, the Defendant opened a closed door to the key repair hole before the E office used as a residence by the victim D, the second floor of the Gyeonggi-gu Office building C, which was used as a residence, and went into the residence of the victim and infringed upon the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. Examination protocol of the accused by the prosecution (including the examination part of the general question);

1. A report on the right of retention;

1. Application of each statute on photographs;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel asserted that ① the victim occupied the E office of the second floor of Gyeonggi-gun C building (hereinafter "the office of this case") without title, and the defendant's act of entering the office of this case does not constitute a intrusion upon residence, and ② the defendant's act of entering the office of this case constitutes a justifiable act that does not violate social rules by exercising legitimate rights.

2. Determination

A. (1) Since the crime of intrusion upon residence is a de facto residential peace, the establishment of a crime does not depend on the issue of whether a person who is a resident or a guard has the right to reside in a building, etc., and even if a person who is not a right to possess is possessed, peace of the residence should be protected. Thus, if a right holder intrudes on a building, etc. without following the procedure prescribed by the Act in exercising his/her right, the crime of intrusion upon residence is established (see, e.g., Supreme Court Decision 2007Do1132, May 8, 2008). Accordingly, at the time of the occurrence of the instant case, the right holder has the right to properly occupy the office of this case.