A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Punishment of the crime

On September 2012, the Defendant entered the above office leased by the victim and intruded on the structure managed by the victim without the consent of the victim D on the ground that the victim D did not put the above office at the 1st floor office of Fung-gu Busan, Fung-gu, Busan.

Summary of Evidence

1. The defendant's partial statement in court (the purport that the defendant has entered the above office is true);

1. Legal statement of witness D;

1. Statement made to D by the police;

1. The Eth statement of the police interrogation protocol (2 times) of the accused;

1. A complaint;

1. Application of Acts and subordinate statutes on the joint lease contract;

1. Article 319 (1) of the Criminal Act and Article 319 of the same Act concerning the relevant criminal facts and the choice of punishment;

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

1. The reason for conviction of Article 334(1) of the Criminal Procedure Act - The defendant of the crime of intrusion upon a structure entered the same with E’s permission at the time so that there was no intention of intrusion.

Since the crime of intrusion on a structure is a de facto legal interest protected by the law to protect the peace of residence, the establishment of crime does not depend on the existence of a person, and even if a person who has no right to possess is possessed, peace should be protected. Thus, if a right holder intrudes on a structure without following the procedure prescribed by the Act in executing such right, the crime of intrusion on a structure is established.

(See Supreme Court Decision 2007Do11322 Decided May 8, 2008). According to the evidence presented, the victim is the sub-lessee using the above office with E, and the defendant was already refusing to surrender the victim before entering the above office. The defendant already requested the defendant to voluntarily order the possessor, including the victim, and submitted a written public notice to him/her at the time of committing the above crime.