A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 29, 2017, the Defendant: (a) went to a fishing boat E owned by the victim D, who was anchored at the above landing place on the steering boat on April 29, 2017; (b) went to a fishing period of 520,000 won at the market price of the steering boat.

Accordingly, the defendant violated the vessel at night and stolen the victim's property.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the witness D in the fourth public trial protocol;

1. Written statements of D, statements made by D police;

1. Three copies of a photograph of evidence, five photographs of the damaged place, two copies of satellite photographs of the damaged place, three photographs of the damaged ship and the damaged goods (fishing times), three photographs of the damaged ship, each internal report, and seized articles (one set of fishing times);

1. Application of the CCTV image-related Acts and subordinate statutes that improve the quality of CCTV;

1. Article 330 of the Criminal Act concerning the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 62-2 of the Criminal Act, the observation of protection and community service order

1. The Defendant: (a) stolen 1 set of fishing times during which he went out of E (hereinafter “the instant vessel”); but (b) did not intrude into the instant vessel.

2. Determination

A. The crime of intrusion upon residence is a de facto legal interest to protect the peace of residence. Thus, since the whole body of an actor is not necessarily established by entering another person’s residence which is the purpose of the crime, but only part of the body was entered into another person’s residence.

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 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 though it is actually a residence.