Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Punishment of the crime

On October 17, 2016, around 21:00, the Defendant went into the D Education Center (hereinafter “instant structure”) managed by the victim C on the second floor of Yongsan-gu Seoul Metropolitan Government building B, and went into the door that was used by the photographer and its inner facilities, etc., and infringed upon the gist of the evidence.

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

1. Statement made by the police against C;

1. Complaint;

1. A investigative report (STV files and confirmation of the details thereof);

1. 11 Application of the 11 Reporting Processing List, On-site photographs, and 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. Summary of the assertion

A. There was no indication that the building of this case prohibits outside persons from entering the building of this case. The defendant usually entered the building of this case through the entrance of the entrance of this case, and the defendant could not have obtained consent to the entry of this case since it could not be seen as having invaded upon the building of this case.

In addition, the defendant did not have any intention to intrude because he entered the building of this case by reporting that he entered the building of this case.

B. Even if the defendant's act of home constitutes the element of the crime of intrusion on a structure, as long as the defendant, who is the reporter of the magazine, intrudes on the structure of this case for coverage, illegality is excluded as it constitutes an occupational legitimate act.

2. Determination

A. First, we examine the argument that the defendant's act does not constitute the elements for the crime of intrusion on a structure or did not have intention.

The crime of intrusion upon residence shall be committed without the consent of the residence of a person or the manager of a building, etc., or with the consent, explicit or presumed intention of the said person.