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Defendant shall be punished by a fine of five million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On December 13, 2016, around 16:30 on December 13, 2016, the Defendant entered the “C church” located in Gangdong-gu Seoul Metropolitan Government, and without any justifiable reason, infringed upon the structure managed by the victim by entering the above church room on the first floor located in the sunset without permission of the victim D (W, 63 years of age) who is managing the church.
Summary of Evidence
1. Partial statement of the defendant;
1. The defendant asserts to the effect that he entered a church for religious activities and entered the church and did not have any intention to intrude any structure after entering the church for religious activities.
Since the crime of intrusion on a structure is a de facto legal interest in protecting the peace of a dwelling, in a case where a building managed by a person enters the building against the explicit or implied intent of the manager, the crime of intrusion on a structure is established (see Supreme Court Decision 2006Do755, Nov. 13, 2008, etc.). According to the evidence adopted earlier, the church manager expressed his/her intention to restrict access to the church building several times, and the defendant, despite being aware of such circumstance, entered the church against the will of the manager of the church building.
The defendant's act constitutes a crime of intrusion on a structure
Application of Statutes
1. Article 319 (1) of the Criminal Act applicable to the crime of this case (Article 319 (1) of the Criminal Act provides that the criminal defendant has many criminal records, such as choice of punishment, punishment, fine, suspension of execution of imprisonment, etc., but, considering that the degree of damage to the crime of this case is not a significant part
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 concerning the order of provisional payment;