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Defendant shall be punished by a fine of one million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Criminal facts
On November 2, 2014, at around 22:50, the Defendant entered the “E restaurant” of the D’s operation in the Kuju City, and received a request from the victim F who was divingd in the restaurant with the said D’s permission for business hours after the completion of the business hours.
However, the defendant did not respond and received 112 reports and rejected the victim's eviction request without justifiable reasons until the police officer called out.
Summary of Evidence
1. Each legal statement of witness F and D;
1. Application of Acts and subordinate statutes to report the occurrence of an intrusion of residence;
1. Article 319 (2) and (1) of the Criminal Act applicable to 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 portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. 주위적 공소사실의 요지 피고인은 2014. 11. 2. 22:50경 피해자 D이 운영하는 원주시 C에 있는 'E 식당' 앞길에 이르러, 시정된 식당 출입문을 샷시를 들어 올리는 방법으로 시정장치를 풀고 식당 안으로 들어가 주거에 침입하였다.
2. Determination
A. The crime of intrusion upon residence is a crime that infringes upon the peace of residence, and is established when entering the residence of another person against the will of the resident. At this time, the intention of the resident includes not only explicit but also implied cases, but also implied cases. However, according to the surrounding circumstances, it may be presumed that the opposing opinion of the resident could be presumed, there was a relation of free entry into the residence.
Even if a person enters a place of residence without the consent of the victim for the purpose of crime, the crime of intrusion may be established, but a person who enters the place of residence lawfully does not enter the place of residence for the purpose of illegal purpose from the beginning (see, e.g., Supreme Court Decisions 83Do1394, Jul. 12, 1983; 83Do2897, Feb. 14, 1984; 2003Do1256, May 30, 2003).