A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 25, 2015, at around 03:50 around 03:50, the Defendant came to the house of the victim D, which was located in Chuncheon C and 202, and infringed upon the victim’s residence against the victim’s will, by using the entrance door, in order to meet the victim’s wife E with the house.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness D and E respective legal statements;

1. Application of statutes, such as the case-related photographs

1. Relevant Article 319 of the Criminal Act, the choice of punishment for the crime, Article 319 of the Criminal Act, and the choice of imprisonment;

1. As to the Defendant’s assertion under Article 62(1) of the Criminal Act, the Defendant asserts that although having entered Chuncheon City C, 202, the Defendant did not enter the victim’s wife, nor did he/she enter the victim’s wife with an intent to commit an unlawful act.

If one person has multiple residential rights and the consent of the other resident directly or indirectly 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 the management of the residence of the person against the will, and therefore, the crime of intrusion on the residence is established. Even if one of the persons is absent, the above legal principles do not affect so long as the control relationship of the residence is acknowledged to exist externally.

Therefore, it is reasonable to view that the husband still remains in the control over the husband's residence even if the husband enters the cargo with the husband's consent, among the absence of a temporary time, even though he enters the dwelling with the husband's consent, and it seems that it is against the husband's will and thus, even if the husband consented, the actual peace in the husband's residence was broken out. Therefore, in such a case, the crime of intrusion upon the husband's residence should be established (see Supreme Court Decision 83Do685, Jun. 26, 1984). This is even when the husband enters the dwelling with the intention to commit unlawful acts to the extent that it falls short of common understanding.