Defendant shall be punished by a fine of 200,000 won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Punishment of the crime

At around 17:00 on January 4, 2018, the Defendant passed through a door opened with the intent to claim the right of lease of E in the residence managed by the victim D (Inn, 36 years of age) of Seodaemun-gu Seoul Metropolitan Government B building C, and intruded into the residence of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. The defendant and his/her defense counsel asserted to the effect that the commencement of possession by replacing the entrance locking system without permission by the lessee F and E who acquired the right to lease from him/her in relation to the above building does not constitute a crime of intrusion upon residence as it is not lawful. Since the crime of intrusion upon residence is a de facto legal interest protected by the law, the issue of whether the resident has the right to reside in the building, etc. does not depend on the establishment of the crime, and even if the possession of the non-owner is the possession of the building, the peace of the residence should be protected. Thus, even if the right holder intrudes on the building as a means of self-help, the crime of intrusion upon residence is established (see, e.g., Supreme Court Decision 85Do122, Mar. 26, 1985). The above assertion is not accepted under different premise.

1. Relevant Article 319 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;