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

The defendant is a neighbor of the victim B.

1. On October 19, 2018, the Defendant, who entered a residence, used the gap in the absence of the victim in Ulsan-gu C, Ulsan-gu, the residence of the victim, and opened a corrected crepan, and invaded into the ma, thereby impairing the peace of the victim’s residence.

2. The Defendant: (a) intruded on the victim’s dwelling end at the same time and place in the same manner as that of paragraph (1); and (b) destroyed the victim’s wall cement block by means of removing one copy of the cement block in the market price in hand on the ground that the victim’s cement block is attached to his/her own gate hullum.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness B, D, and E;

1. Application of Acts and subordinate statutes to a report on investigation (as to the statement of the president of the company in charge of the complainant);

1. Relevant Article 319(1) of the Criminal Act, Article 316 of the Criminal Act, Article 366 of the Criminal Act, and the choice of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The defendant and his defense counsel asserted that the victim's house was open and the victim's house was removed by removing the fence block to himself/herself.

When entering the residence of a third person against the will of the resident, the crime of intrusion upon residence is established. Here, the intention of the resident includes not only explicit but also implied cases, and it can be presumed that the opposing opinion of the resident can be inferred depending on the surrounding circumstances.

(see, e.g., Supreme Court Decision 2003Do1256, May 30, 2003). Since the crime of intrusion upon residence is a protected legal interest, a person who is allowed to enter the residence at ordinary times due to the relation with the resident, etc., since the crime of intrusion upon residence is a de facto peace of residence.