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 February 19, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective weapon, etc.) and completed the execution of the sentence on December 7, 2012.

1. On May 11, 2016, at around 23:37, the Defendant intrusiond the victim’s residence by entering the victim’s house (202 front corridor of the entrance door), and entering the same place around 02:40, around the 12th day of the same month, the Defendant intruded the victim’s residence.

2. On May 13, 2016, the Defendant was demanded to demand from the injured party during the victim D’s house located in the said C lending 202 B around May 13, 2016.

However, the defendant did not respond to the request for withdrawal of the victim without justifiable reasons until the police officer dispatched by the report of the victim on the same day at around 06:50 on the same day arrives.

Summary of Evidence

1. Partial statement of the witness D;

1. Each police statement with respect to D, and a written statement of D;

1. Previous conviction: The Defendant and his defense counsel asserted that the crime of intrusion upon residence and the crime of refusing to leave is not established on the ground that the Defendant was in a de facto marital relationship with D at the time of the crime of this case, and thus the residence recorded in the facts of this case does not constitute “other person’s residence” or that the Defendant’s act of intrusion upon residence does not constitute “feasible infringement.”

However, in full view of the following circumstances, the Defendant and D temporarily lived at the time of the instant crime, namely, the fact that the Defendant and D temporarily lived at the time of the instant crime, but the period is relatively short of four months after the Defendant’s release, and was living together with the intention of de facto marriage.

It is difficult to see (see, e.g., investigation record 39 pages). Residence recorded in the facts of crime is a house acquired by D as a whole, and D is one’s own child in the above dwelling.