A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

On April 1, 2016, the Defendant: around 11:30, the victim D was planted around the victim's house located in the Chungcheongnam-gun C, Chungcheongnam-do, Chungcheongnam-do; for the purpose of affixing a photograph of trees, the Defendant extracted the car into E at the victim's house and infringed on the victim's residence.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to F and D;

1. Application of Acts and subordinate statutes to each investigation report (the No. 14, 15 of the evidence list);

1. Relevant Article 319 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

3. Judgment on the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The gist of the assertion lies in the fact that the Defendant parked in a victim’s house (hereinafter “instant house”) located in the Chungcheongnam-gun C at the time of the instant case and was planted in the vicinity of the said house, and taken a photograph of the trees planted around the said house.

However, the actual owner of the instant house in which the victim resides is the defendant, and the defendant leased the instant house to the victim without compensation, but has the right to manage the instant house and the site.

In addition, the house of this case does not correspond to the object of the crime of intrusion upon residence, and the defendant does not enter the house of this case for the purpose of affixing a tree photograph from the beginning.

Therefore, the Defendant did not intrude into the instant house Mail and did not have any intention to intrude.

2. Determination:

A. In the crime of intrusion upon residence, the residence, which is the object of the crime of intrusion upon residence, includes not only the residence itself, but also the summary of the residence attached thereto within a strict sense in light of the fact that the crime of intrusion upon residence is in fact a peace of residence.

In this context, the above summary is the land adjacent to the residence, which is installed with fences, etc. in the boundary with the outside, and is provided for the use of the residence by the outside.