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 November 6, 2015, the Defendant entered the victim D's residence in Daegu Northern-gu C, 107 Dong 403 around 20:0, and entered the victim's residence in the victim's residence, using cres in the victim's wife E (V, 31 years old) and son's only cres in the victim's wife E (V, 31 years old).

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to each investigation report (the attachment of apartment site photographs, the analysis of video data, and the attachment of CDs);

1. Relevant Article 319 of the Criminal Act concerning the facts constituting an offense and Article 319 (1) of the Criminal Act concerning the selection of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order [The defendant and his/her defense counsel entered the above residence without the purpose of fraudulent act and thus did not constitute a crime of intrusion upon residence.

The argument is asserted.

However, when entering another's residence against the will of the resident, the crime of intrusion is established, and the intention of the resident at this time.

The term "not only explicit cases, but also implied cases, and it may be presumed that the opposing opinion of the resident can be inferred depending on the surrounding circumstances (see Supreme Court Decision 2003Do1256, May 30, 2003, etc.). According to each of the above evidence, the fact that the victim's wife E and the fact that the victim had met is at issue even before the date and time of the decision of the defendant (the police statement of 15th, the investigation record, the police interrogation report of the defendant against the defendant of the 28th day, etc.) is recognized that the defendant was invaded against the victim's will in the above residential area where the victim lives together, and the crime of intrusion upon residence is established).