Defendant shall be punished by a fine of KRW 1,000,000.

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

Punishment of the crime

On July 27, 2014, the Defendant, while living with himself on July 18, 2014, entered the victim E’s dwelling through an open gate in the victim E’s dwelling in Gyeongcheon-gun, Chungcheongnam-gun, and intruded on the victim’s dwelling.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Copy of a protocol of police interrogation regarding E;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of residence photographs of the E);

1. Article 319 (1) of the Criminal Act applicable to the crime;

1. Selection of fines;

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

1. Judgment on the assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant asserts that the defendant who entered the Republic of Korea with the consent of C does not constitute a crime of intrusion upon residence since he entered the Republic of Korea with the consent of C.

However, C is living together with the defendant.

Considering the fact that the victim was living together again with the victim, the credibility is found in C’s statement that there is no evidence to permit the defendant’s access.

In addition, in light of the police statements of E, the Defendant is deemed to have been aware that C had already been living together with the victim. Even if C’s permission was granted, the Defendant’s entry into the residence appears to be contrary to the victim’s intent (see Supreme Court Decision 83Do685, Jun. 26, 1984). Therefore, the establishment of the crime of intrusion upon residence is not affected.

Therefore, the defendant's above assertion is not accepted.

2. The defense counsel asserts that the victim's implied consent was entered through open gates, and that the gate was opened to allow village residents to freely access, so it can be seen that C or the victim's implied consent was not established, and thus, the crime of intrusion upon residence is not established.

However, even if the victim opened a residential gate, it is soon possible to keep it.