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 26, 2016, around 14:08, the Defendant: (a) entered and intruded the victim’s interior room operated by Seodaemun-gu Seoul, Seodaemun-gu C and the victim D, the first floor, before the interior work room; and (b) entered the victim’s entrance through a door that was not unlocked to receive the key of the warehouse. The summary of the evidence was found.

1. Legal statement of the witness D;

1. A criminal investigation report (STV image verification), application of CCTV video CD-related Acts and subordinate statutes;

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. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The alleged defendant does not constitute an act of intrusion on a structure because he/she went to the free door of the work room due to the interior operated by the injured person.

Even if the defendant entered the victim's human body, he/she entered the work room.

Even if the defendant confirmed that the damaged part of the waterproof construction work was damaged by the injured party on the public land owned by the defendant, the defendant's act constitutes a justifiable act since the defendant committed such act in order to obtain a return of the key to the public land.

2. According to the evidence duly adopted and examined by this court, the fact that the defendant entered the interior work room operated by the victim is recognized.

On the other hand, "act which does not violate the social rules" under Article 20 of the Criminal Code refers to the act which can be accepted in light of the overall spirit of legal order or the social ethics or social norms surrounding it, and what act is legitimate that does not violate the social rules, and the illegality of which act is excluded should be determined individually by considering the specific circumstances and the purpose of the act, the legitimacy of the motive or purpose of the act, the reasonableness of the means or method of the act, and the third.