Defendant

A shall be punished by a fine of 200,000 won.

Defendant

If A does not pay the above fine, 100,000 won.

Criminal facts

Defendant

A, on January 7, 2015, around 10:10, around the weekend farm located in Sii-si, Sii-si, in order to confirm the land and buildings of auction announcement, A entered the main point of the house where the victim E lives and intrudes on the residence of the victim.

Summary of Evidence

1. Defendant A’s partial statement (the above Defendant and his defense counsel asserted that the above Defendant not only did not have any intention of intrusion upon residence but also the above Defendant’s act is not unlawful.

In the crime of intrusion upon residence, the residence or structure does not simply refer to a house, but includes the above main points. In case of intrusion, it is sufficient to enter the house against the will of the resident or the victim, and no resistance is required. In general, even at an open place, the manager may prohibit or restrict entry when necessary, so if the defendant enters the house or the building unreasonably against the intention of prohibition or restriction of entry, the crime of intrusion upon residence constitutes the crime of intrusion upon residence (see Supreme Court Decision 82Do1363, Mar. 8, 1983). The following circumstances acknowledged by the evidence are as follows: ① The above defendant was cut off at the time of entering the farm at the end of the week in which the victim's decision was made, and there was a sign installed in the limit of entry, ② the phone number with which the victim and the victim can contact is installed, ③ the above defendant's act of intrusion upon residence is also found to have been committed, and the above defendant's act of blocking the vehicle is also found to have been committed.