Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

The defendant is the husband before the victim is divorced from the victim C.

On October 26, 2012, at around 22:50, the Defendant: (a) opened a house of the victim C located in Sinsan-si D and entered the house, and intruded into the residence without the consent of the victim who wishes to affix a seal to the application form in order to make his/her wife born between the victim and his/her family eligible for basic livelihood supply.

Summary of Evidence

1. Each legal statement of witness E and C;

1. Application of 112 reported details and new Acts and subordinate statutes; and

1. Relevant provisions of the Criminal Act and Article 319 (1) of the Criminal Act concerning the selection of penalties;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant's assertion of the provisional payment order under Article 334 (1) of the Criminal Procedure Act argues that since the defendant entered the victim's house with the consent of E living together with the victim's house, it does not constitute a intrusion upon residence.

If the consent of one person is directly or indirectly against the will of another resident if the consent of the other person is contrary to the intention of the other resident, access to the residence is a result of undermining the peace of the residence, that is, the control and peace of management of the residence of the person against the intention, and therefore, the crime of intrusion is established.

In addition, even if there is no one of the persons living together, as long as the control relationship of the dwelling exists in appearance, it shall be deemed that the above legal principle does not affect.

(Supreme Court Decision 83Do685 delivered on June 26, 1984). According to the evidence examined above, around 19:20 on October 26, 2012, the defendant reported to the purport that "A and the husband of F, who are the defendant, enter the victim's house located in Gunsan-si D" in 112, "A and the husband of F," and the police officer called the victim's house and returned to the defendant. The defendant was called the victim's house and returned to the victim's house, ② The victim and F, who called the victim's house, went back to the victim's house, and the defendant was called the victim's house again at the victim's house, ③ around 23:05 on the date when the defendant discovered the defendant's house, the defendant was reported again to F around 23:05, and 112 on the same day.