Defendant shall be punished by a fine of KRW 300,000.

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

Punishment of the crime

On September 28, 2019, around 11:57, the Defendant: (a) prevented a stable owned by the victim C and his wife from entering the stable owned by the victim C at regular Eup, and (b) caused brates with strings at entrance, but used brates as above, and went through the lower and return to the stable, and affixed photographs, thereby impairing the peace of the structure managed by the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Statement to C by the police;

1. Determination as to the defendant's assertion of investigation report (exploitation of site photographs and detailed description)

1. The summary of the assertion was between the victim's address and illegal facts, and did not enter the stable, and even if factual relations were acknowledged, there was no intention to leak out of the bar and to intrude into the structure according to the police officer's instruction.

2. Determination

가. 주거침입죄에서 침입행위의 객체인 ‘건조물’은 주거침입죄가 사실상 주거의 평온을 보호법익으로 하는 점에 비추어 엄격한 의미에서의 건조물 그 자체뿐만이 아니라 그에 부속하는 ‘위요지(圍繞地)’를 포함한다고 할 것이나, 여기서 ‘위요지’라고 함은 건조물에 인접한 그 주변의 토지로서 외부와의 경계에 담 등이 설치되어 그 토지가 건조물의 이용에 제공되고 또 외부인이 함부로 출입할 수 없다는 점이 객관적으로 명확하게 드러나야 한다

B. (See, e.g., Supreme Court Decision 2003Do6133, Jun. 10, 2004).

According to each evidence that has undergone legitimate investigation of evidence, the fact that there are fences adjacent to the entrance of a stable, and that there is a door in the form of a cream operator, which is sealed in both sides of the entrance of the stable, is broken down.

Even if a door is opened due to a wall or door, the outside person may have access to the road and the surrounding land without permission.