A defendant shall be punished by imprisonment for one month.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Criminal facts

On June 8, 2019, around 19:10, the Defendant entered the B apartment Cdong building in Gwangjinyang-si, the victim D’s residence, and the facts constituting the crime in the indictment are as follows: “In front of the apartment entrance, which is the victim’s residence in the B apartment E site, the Defendant opened the front letter of the above front door and opened the door in mind of the victim,” and the facts constituting the crime in the indictment are as follows: “In front of the apartment entrance, which is the victim’s residence in the B apartment E site, in light of the victim’s mind, the Defendant tried to open the front door of the above front door and open the door.” It does not explicitly state the act of entering the section for common use of the apartment building.

However, in order to reach the front of the entrance of an apartment that is the victim's residence, the act of entering the apartment C-dong building, going up to the 23th floor of the above building by using the elevator or stairs, and reaching the front corridor of the apartment door is necessary, and it is interpreted that such a process is included in the above criminal facts.

Furthermore, the defendant's defense counsel has already argued legal principles about whether the act of entering the common area of apartment in the trial process constitutes a crime of intrusion upon residence, and since the examination was conducted in relation to the contents of the examination, it is judged that there is no obstacle to the defendant's defense right.

Therefore, the amendment is so amended;

The victim violated the victim's residence.

Summary of Evidence

1. Legal statement of witness D;

1. Determination as to the Defendant and defense counsel’s assertion in the 112 Reporting Case Handling List

1. The defendant and his defense counsel in the summary of the assertion: ① the defendant takes the portrait and put his door around the entrance of the apartment in front of the victim’s dwelling, and there was no intrusion on the victim’s dwelling; ② the entry into the section for common use of the apartment building alone cannot be deemed to have intruded upon the residence; ③ the defendant found the victim who was living in adjoining area at the victim’s dwelling.