Defendant shall be punished by a fine of KRW 2,000,000.

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

Punishment of the crime

In 2010, the father C of the defendant increased the land of Sejong City to Sejong East E, and E sold the land and building above to F on November 9, 2012.

However, the above building was leased to G by the defendant, and the G was residing in G, and the F sent a certificate of content that the building was not allowed to be built by G.

May 8, 2016, G directors came.

Accordingly, on May 8, 2016, F has marked an out-of-entry sign on the building and has set the door door.

Although Defendant 1 knew that he purchased the above land as above, he infringed the above building without permission from May 8, 2016 to December 14, 2016.

Summary of Evidence

1. Partial testimony of each of the witness E, H and F;

1. Partial statement of the protocol concerning the examination of the suspect against the defendant by the prosecution;

1. Statement made by the police in each protocol made to the F;

1. Each description of the investigation report and the contract for real estate trade;

1. Determination on the assertion of video of on-site photographs

1. The argument E has completed the registration of transfer of ownership on the instant land without the permission of the referring to the disease and disease caused by dementia, and the Defendant constructed the instant building along with the referring C, and thus the Defendant has the right to reside in the instant building.

2. The crime of intrusion upon a residence is a de facto legal interest to protect the peace of a residence. Whether a resident or a guard has a right to reside in a structure, etc. does not affect the establishment of a crime, and even if a person who has no right to possess it is possessed, the peace of the residence must be protected. Thus, even if a right holder intrudes a structure by exercising his/her right as a means of self-help (see Supreme Court Decision 2010Do5624, Jul. 15, 2010), the crime of intrusion upon a residence is established (see Supreme Court Decision 2010Do5624, Jul. 15, 2010).