A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On August 28, 2015, around 14:00, the Defendant opened a house and intruded into a garden at the victim D's house located in Jung-gu, Jung-gu, 2015, and then laid down a variety of 14:0 Haai bee of the market price, which is the victim's possession.

Accordingly, the defendant invadedd the victim's residence and damaged the victim's property.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Statement made by the police against D;

1. Each internal investigation report (the defendant and his defense counsel included the part of the bean, the injured party of this case, which was the object of this case, in the location of the defendant's possession, so the crime of intrusion upon residence is not established since it was cut down on the land occupied by himself;

The argument is asserted.

In light of the legal interests protected by the Act, the residence, which is the object of intrusion in the crime of intrusion upon residence, includes not only the building itself within a strict sense, but also the above summary attached thereto (see, e.g., Supreme Court Decision 2009Do14643, Apr. 29, 2010). According to the following evidence, the Defendant opened a back door of the victim’s house and entered the fence, and therefore, it is evident that the Defendant invadeds the victim’s residence.

In addition, if the injured party occupied and managed the instant garden belonging to one victim's residence, even if the defendant leased the pertinent land, it does not interfere with the establishment of the crime of intrusion (see Supreme Court Decision 89Do889 delivered on September 12, 1989, etc.) and even if examining the records of this case, there is no evidence to support that the injured party used part of the E land as a garden or that the Defendant leased the said land from the State.

Therefore, the above argument shall not be accepted] Application of the law

1. Relevant Article 366 of the Criminal Act concerning the facts constituting an offense, Article 319 (1) of the Criminal Act (the point of damage to property) of the choice of punishment, and Article 319 (1) of the Criminal Act (the intrusion upon residence);