A defendant shall be punished by imprisonment for not less than eight 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 June 30, 2017, at around 00:0, the Defendant: (a) went to the house of the victim E (the 23 years of age) located in Seo-gu Daejeon District, Seo-gu, Daejeon; and (b) opened a hullus with the victim’s external shock network and window, and brought the matter into the victim’s house.

Accordingly, the defendant invadedd the victim's residence.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and G;

1. The arrest report, investigation report, each on-site photograph of the occurrence of the case;

6. 30. Application of Acts and subordinate statutes to a CCTV course photograph;

1. Relevant Article 319 of the Criminal Act concerning the facts constituting an offense and Article 319 (1) of the Criminal Act concerning the selection of punishment;

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

1. Determination on the assertion by the defendant and his/her defense counsel under Article 62-2 of the Criminal Code of the Social Service Order

1. The summary of the assertion was the fact that the Defendant was placed above the victim’s house in order to bring in the victim’s house toilets at the time of the instant case. However, there was no fact that the Defendant was going up to the hull hullus or the victim’s house-house shock network and windows were connected to the victim’s house, and therefore there was no commencement of the crime

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 a part of the body enters another person's residence is sufficient

As such, if specific activities have commenced such as attaching a correction device entering a residence for example, or opening a door, it was the commencement of the crime of intrusion into a residence.