Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On October 5, 2019, around 15:30 on 15:30, the Defendant entered the victim’s house to visit the victim’s wife E, and intruded into the victim’s house in order to visit the victim’s wife E.

Summary of Evidence

1. The summary of the Defendant’s assertion as to the Defendant’s assertion on the legal statement, investigation report (in addition to the materials submitted by the complainant), and investigation report (in relation to the Defendant’s telephone call), and each CD Defendant and defense counsel’s assertion is not only between E and the Defendant’s wife, but also between E and the Defendant’s office for repair of E’s computer on the day of the instant case, and is only between E and the victim’s office.

2. Determination

A. In a case where there are multiple housing persons, one person’s consent is directly or indirectly contrary to the intention of another resident, and a person’s access to the housing is thereby contrary to the intention, thereby undermining the peace of residence, namely, the control and peace of management. Thus, a crime of intrusion upon residence is established. Even if there is no one of the persons living together, the above legal doctrine does not affect the said legal doctrine as long as the control and management relationship of residence is acknowledged to exist externally.

Therefore, it is reasonable to view that the husband still remains in the control over the husband's residence even if the husband enters the cargo with the husband's consent, among the absence of a temporary leave, even though he enters the dwelling with the husband's consent, and it seems that it is against the husband's will and thus, even if the husband consented, the actual peace in the husband's residence was broken out. Therefore, in such a case, the crime of intrusion upon the husband's residence should be established (see Supreme Court Decision 83Do685, Jun. 26, 1984). The same applies to the case where the husband enters the dwelling for the purpose of illegal acts to the extent that it falls short of common understanding.

And between men and women;