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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[2019 Highest 543] The Defendant was the victim B (n, 42 years of age) and internal relations.
On March 11, 2019, the Defendant sent the message to the victim with the content that “Is the Defendant sent a sexually related video with the victim, so Is the victim’s sexually related dynamics, so Is the victim’s sexually related dynamics, so Is the victim’s sexually related images,” as Is the victim spreads the victim’s sexually related dynamics, from the hospital E room located in the Gu, Si, Si, 2019.”
[2019 Highest 646] The Defendant is a person who has been in a relationship with B, the spouse of the victim G.
At around 10:00 between February 2, 2017 and March 2, 2017, the Defendant came to the house of the victim located in H apartment in the Pakistan-si, Pakistan-si, Gyeonggi-do. In order to meet the above B and to meet, the victim opened a cre in other B’s house and intruded the victim’s house into the house.
Summary of Evidence
[2019 Highest 543]
1. Defendant's legal statement;
1. The police statement concerning B;
1. A criminal investigation report (F intimidation submitted by a victim);
1. Partial statement of the defendant;
1. A witness G and B asserts that each of the statutory statements in the witness G and B is an entry into a residence with the consent of the co-resident B, and thus does not constitute an intrusion upon residence.
In the criminal law, the legal interest of the crime of intrusion upon residence is not the legal concept of the right of residence, but the freedom and peace of residence in the private life relationship, and all of the people who live together in the residence are entitled to enjoy peace.
If the consent of one person is directly or indirectly against the will of another person, the access to the residence would result in the peace of the residence of the person against the will, i.e., the control of the residence and the peace of the management, and therefore, the crime of intrusion is established.
and even if there is no one of the visitors, it shall be the residence.