The sentence of each sentence shall be suspended against the Defendants.

Punishment of the crime

1. Defendant A: (a) around 19:00 on January 4, 2014, entered the victim G house located in Gyeongsung-gun F in Gyeongnam-gun, and infringed upon the victim’s residence without permission.

2. Defendant B, at around 19:05 on the same day, entered the victim G house at the same place as that described in the preceding paragraph, and intruded the victim’s residence without permission.

Summary of Evidence

1. Each testimony of witness G and H;

1. Application of the police statement law to H

1. Article 319 (1) of the Criminal Act and Article 319 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

1. Each fine of 300,000 won to be imposed on the suspension of sentence;

1. Articles 70(1) and 69(2) of the Criminal Act (one day of detention in a workhouse of a fine of 100,000 won);

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;

1. The Defendants and their defense counsel asserted that Article 59(1) of the Criminal Code of the Suspension of Sentence (in the case of the Defendant A, the primary offender, the circumstances of the case, and the outline of the case) of the Criminal Code (see, e.g., Supreme Court Decision 201Do1488, Apr. 1, 201)

In light of all objective circumstances at the time of the act, even if there was no actual consent of the victim, it means the case where it is anticipated that the victim would have naturally agreed if he had known the contents of the act (see, e.g., Supreme Court Decision 2005Do8081, Mar. 24, 2006). In order to recognize the presumption consent, it is impossible to obtain the actual consent of the victim immediately.

The following circumstances revealed by the evidence duly examined by this court are as follows: ① before the Defendants entered the victim’s house, the Defendants were faced with the victim’s house gates; ② the Defendants opened and entered the gate in hand; ③ the Defendant B and the victim received a large number of complaints and accusations surrounding the church.