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A defendant shall be punished by a fine of 500,000 won.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On October 22, 2020, the Defendant opened the window of the gate and the living room that were not corrected by using the crepans without the victim and intruded on the house of the victim C, which was located in Ycheon-si.
Accordingly, the defendant invadedd the victim's residence.
Summary of Evidence
1. Determination as to the defendant and his/her defense counsel's assertion on the investigation report of the accusation prepared by the police protocol C on the legal statement C by the witness C of the defendant's partial statement C
1. On March 10, 2019, the Defendant alleged that the victim had attempted suicide and sought relief from the victim. On the day of the instant case, the Defendant sought the victim on the day of the instant case, and the victim went to the home of the victim to report the situation of the situation in which the victim would attempt suicide and entered the place to seek relief. Therefore, it constitutes an emergency escape or a legitimate act and thus, the illegality is dismissed.
2. The "act that does not violate the social norms" under Article 20 of the Criminal Act refers to the act that can be accepted in light of the overall spirit of legal order or the social ethics or social norms surrounding it, and whether certain act is justified as a legitimate act that does not violate the social norms, and thus, it should be judged individually by rationally and reasonably considering the specific circumstances. Thus, in order to recognize such a justifiable act, the following requirements should be met: (i) legitimacy of the motive or purpose of the act; (ii) reasonableness of the means or method; (iii) balance between the interests of protection and infringement; (iv) balance between the interests of protection and infringement; and (v) supplementary nature that there is no other means or method other than the act (see Supreme Court Decision 2005Do4688, Sept. 30, 2005).