Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Punishment of the crime

The Defendant worked for the “D Co., Ltd.” located in the 13th floor of Busan Shipping Daegu Building, which is operated by the victim B (the age of 55 and Chinese nationality), as a day-to-day worker in charge of snowing, distribution, etc. from October 12, 2018 to October 18, 2018, and dismissed from the victim on October 18, 2018, the Defendant entered the restaurant, kitchen, and kitchen of the said building in order to verify the duty list to submit the materials for accusation to the Labor Administration.

On October 24, 2018, at around 20:20, the Defendant opened and intruded the entrance doors of the 13th floor of the above building, which were not corrected without the victim’s permission, for the purpose of verifying the said service schedule.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Police suspect interrogation protocol of the accused;

1. USB images;

1. Determination as to the defendant and his defense counsel's assertion of the military court's opening and leaving the military court

1. The alleged defendant and his defense counsel held that the defendant's dismissal of the victim's defendant is unfair and invalid, and the act of entering the facts charged in the workplace where the defendant's usual access to the workplace does not constitute the elements of the crime of intrusion on a structure, and even if such act satisfies the elements of the crime

Even if the dismissal notification is received, it is argued that the illegality is excluded as an act that does not violate the social rules in light of the fact that the request for unfair dismissal is made within the date of the receipt of the dismissal notification, and the victim did not exercise physical power or mobilization of violent means in the sense of being admitted to the workplace of the victim.

2. Even though a structure is generally permitted to enter, if it enters a place contrary to the explicit or presumed intent of the manager, the crime of intrusion upon the structure is established, and the "act which does not violate the social rules" under Article 20 of the Criminal Act means the overall spirit of legal order or the social ethics or social norms surrounding the structure.