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

On September 10, 2017, the Defendant opened a window referred to in subparagraph 23 of the victim’s residence in order to see that the victim D (27 years of age, n, n, etc.) was in a boomed with her body at the Seo-gu Daejeon District of Seo-gu, Daejeon, Seo-gu, Seoul, 2017, thereby undermining the peace of actual residence of the victim.

Summary of Evidence

1. Entry of a defendant in part in the protocol of second public trial;

1. Legal statement of witness E;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to field photographs, CCTV photographs and field photographs (including barmatic images in suspect's residence);

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 crime of intrusion upon residence is a de facto legal interest to protect the peace of residence. Thus, since the crime of intrusion upon residence is a de facto legal interest, the whole body of an offender does not necessarily lead to the fact that he/she enters another person’s residence which is the purpose of crime, and only part

Even if a resident has committed a crime to the extent of undermining the peace of the de facto residence, it shall be deemed that the requirements for the composition of the crime are satisfied. Therefore, the intent of the crime of intrusion is sufficient if there is a perception that the whole body enters another person's residence, not necessarily a perception that the whole body enters another person's residence, but a perception that a part of the body enters another person's residence is sufficient

that only part of the body entered into the residence, but only some of them entered the residence.

Even if it actually harms the peace of residence, it shall be deemed that the crime of intrusion upon residence occurred (see Supreme Court Decision 94Do2561 delivered on September 15, 1995, etc.). The defendant made a statement to the effect that, in the process of opening a window, the bodily finger, part of the body, went into a residential unit, and the victim and E who were in a bed on the bed immediately adjacent to the window at the time, went into a residential unit, and the victim and E who were in a bed on the bed immediately adjacent to the window at the time.