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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
Defendant
A is a person who raises a dog, and the victim B was a dispute over the boundary of the franchise.
On May 17, 2018, the Defendant: (a) around 16:00 to 16:50 on May 17, 2018, the Victim B’s house located in Gyeonggi-si, Gyeonggi-do, on the ground that interested parties need to display a survey of land and display it more clearly; (b) entered the victim’s house back door, without permission from the victim, without permission; (c) enter the victim’s house back door, without permission, on the victim’s house opening floor; and (d) displayed “290” and “300” on the victim’s house outer wall.
(2) The defendant asserts that the defendant had no intention to commit an intrusion on his residence since he entered the back of the victim's house in order to indicate the result of the road site survey. However, considering the following circumstances acknowledged by the evidence duly adopted and investigated by this court, i.e., the defendant, even though he was well aware that the victim was living in the house of the victim in Echeon-si, i.e., the defendant had a number indicated on the floor and outer wall of the house of the victim's house by entering the back of the house of the victim as soon as possible, and ii) the Korean National Land Information Corporation directly conducted a survey of the boundary between the site and the location of the road, and thus, the defendant did not need to indicate the road boundary directly. ③ The defendant was in dispute with the victim as to the use of the road access road at the time of the instant case, and the crime of this case appears to have been conducted to display the complaint to the victim in relation to the dispute, the defendant's intention to commit an intrusion on his residence is not accepted.
1. Partial statement of the defendant;
1. Legal statement of the witness B;
1. On-site photographs, internal reports, and photographs of the damaged scene;