Defendant shall be punished by a fine of 300,000 won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Punishment of the crime

The defendant is a person who is engaged in the building business.

On October 15, 2015, the Defendant was requested to construct boilers on the housing located in Gwangju City C and 202 victims D (S, 42) in Gyeonggi-si.

On the 18th 11:00 of the same month, the Defendant released a lock-out door to the house entrance of the said victim (on the 18th 11:00 of the same month) as a key, and then immediately entered an empty house for the purpose of performing boiler repair work, and intruded into the residence of another person.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of suspect interrogation of the accused (22 pages of the investigation records);

1. Each legal statement of D and E [whether the victim's explicit or implied permission is granted - Standard: Supreme Court Decision 2003Do1256 Decided May 30, 2003, etc. - In light of the fact that the investigation agency of the defendant was denied the victim's explicit permission on the day of the instant case (the investigation record 22 pages) and the victim's consistent statement, etc., the defendant went to the victim's residence without the victim's explicit permission.

- The victim warns the defendant that he had not entered his place of residence several times prior to the instant case without the victim's permission, so the victim may have implicitly opposed to the defendant's entry on the date of the instant case.

[In the case of a defendant's intentional intrusion of residence, the perception of the victim's permission is merely the recognition of the constituent elements, not the recognition of illegality, so the defendant's assertion is not judged separately.

- In light of the fact that the defendant and the victim did not have the victim's place of residence and that the boiler facility operator returned to the boiler facility operator, it is recognized that the defendant had the intention of intrusion upon residence.

Application of Statutes

1. Article 319 of the Criminal Act applicable to the crime, Article 319 of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The order of provisional payment;