Defendant shall be punished by a fine of KRW 2,500,000.

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

Punishment of the crime

On June 7, 2020, at around 05:55, the Defendant discovered the victim C who was faced with mast at the front of the Seoul Southernbuk-gu, Seoul, and tried to open the victim's house entrance through the stairs of the 1st and the 3th floor commercial building, where the victim's residence is located in the vicinity, the Defendant invadedd the victim's residence by way of discovering 100 meters of the 1st and the 3th floor building where the victim's residence is located. The Defendant, via the stairs of the 1st and the 3th floor commercial building where the victim's residence is located.

Summary of Evidence

1. Partial statement of the defendant;

1. The defendant's written statement of the police against C and his defense counsel asserted that the commercial building with the victim's residence is open to the public and that the defendant's act does not constitute an intrusion upon the defendant's residence because he does not enter the place for the purpose of crime.

However, according to the evidence duly adopted and examined by this court, the third floor of the above commercial building with the victim's residence is a resident-only space and its stairs and corridor also needs to protect the peace of residence. Thus, it cannot be viewed as a place where the access of the general public is freely allowed.

In a similar purport, “elevators, public stairs, and corridors within multi-family housing are naturally annexed to the exclusive part and are planned to be supervised and managed by the residents in their daily lives and are in need of protection of peace in de facto residence.” Thus, it constitutes “human habitation” which is the object of the crime of intrusion upon residence. In addition, even a structure for which entry by the general public is permitted, it constitutes “the residence of a person” as the object of the crime.