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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 a person who was a victim D's fraud.
On January 3, 2017, from around 15:00 to 15:50 on the same day, the Defendant intruded into an apartment house in which the victim located in Gwanak-gu, Seoul Special Metropolitan City E and 501 without permission and expressed a desire for about 50 minutes and infringed upon the victim’s residence by avoiding disturbance, thereby de facto impairing the peace of residence. The gist of evidence was that the Defendant invadedd the victim’s residence.
1. Each legal statement of witness D and F;
1. Written statements of D;
1. Application of Acts and subordinate statutes on report on occurrence of accidents;
1. Article 319 (1) of the Criminal Act applicable to the relevant criminal facts and Article 319 (1) of the Selection of Punishment;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. According to the records of the judgment of conviction under Article 334(1) of the Criminal Procedure Act, the victim's residence can be entered by marking his/her card in an elevator with his/her family members and cutting off the elevator. The defendant is aware that he/she is unable to use an elevator without the victim's cooperation, with the knowledge that he/she is unable to use the elevator, he/she is not an elevator repair technician, operates the elevator without the above card, operates the elevator with the elevator without the above card, and enters the victim's residence. The defendant and the victim are between the defendant and the victim. At the time of the defendant's divorce lawsuit, the defendant was in a relationship between the victim and the victim, such as the defendant's wife and the divorce.
The defendant's act of operating an elevator at his own discretion without the victim's permission and entering the victim's residence in an abnormal manner shall be deemed to go against the victim's will by itself (see, e.g., Supreme Court Decision 2007Do2595, Aug. 23, 2007). The defendant has access to the victim.