Text
Defendant shall be punished by a fine of KRW 1,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On January 6, 2017, the Defendant found the apartment C, Gyeyang-gu, Incheon, Gyeyang-gu, 208, without the consent of the victim D (54 years, women) in front of the front of the entrance door, and the Defendant is suspected to be female of the husband.
“.....” and “..... the g., why the g.’s year is not superior;
B. The noise, “h.”, which is an adverse year, intrudes on the public stairs of the above apartment building, which is a residence of the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements of D;
1. On-site report (the defendant and his defense counsel can not be said to be the residence of the person who has damaged the public stairs of an open apartment, and the defendant does not enter the above public stairs for the purpose of crime, and there is a commencement of the execution of intrusion into the residence;
this article argues that there may be no such an action.
Residence in the crime of intrusion upon residence;
It does not simply refer to a house itself, but includes the above summary, such as the fixed number of houses. The elevator used for public use in multi-family housing, such as multi-household houses, multi-household houses, apartment houses, apartment houses, etc., and stairs and corridors are essential parts of each household or household used as a residence, which are planned to monitor and manage in daily life and are in need of de facto protection. Thus, elevators inside multi-family housing such as multi-household houses, multi-household houses, apartment houses, apartment houses, etc., and elevators, common stairs, and corridors inside multi-household houses such as apartment houses, multi-household houses, apartment houses, and apartment houses constitute "human residence," which are objects of the crime of intrusion upon residence, and intrusion against the explicit and implied intent of the resident (see Supreme Court Decision 2009Do435, Sept. 10, 2009). According to the evidence above, the crime of intrusion upon residence of the victim is established as long as the victim resides against the explicit intent of the victim.