The sentence of punishment against the Defendants shall be suspended separately.

Punishment of the crime

The Defendants, with the knowledge of the communication between Defendant A’s wife E and the victim F, entered the house in which the victim F resides, and sought materials to prove the communication between the victim and E.

On November 11, 2013, at around 20:00, the Defendants made the victim's house in Namyang-si B05, to open the door to the key suitable for the corrective device attached to the front door, and entered the door to the victim's house.

Accordingly, the Defendants jointly intruded upon the victim’s residence.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of witness E and F;

1. Each prosecutor's protocol of examination of the defendant A and B;

1. Application of the Acts and subordinate statutes that contain some statements in the police interrogation protocol of H;

1. Article 2 (2) and (1) 1 of the Act on the Punishment of Violences, etc. and Punishment of Specific Crimes, Article 319 (1) of the Criminal Act, the selection of fines, and the selection of fines, respectively;

1. A against whom the suspension of sentence is to be suspended: A fine of three million won, Defendant B, and C: Each fine of one million won;

1. Articles 70 (1) and 69 (2) (100,000 won per day) of the Criminal Act for the detention of a workhouse;

1. Determination as to the defendants and their defense counsel's assertion under Article 59 (1) of the Criminal Act (the first crime committed by the defendant A, there are circumstances that can be taken into account the circumstances leading to the crime of this case, and the victim does not want the punishment against the defendants) of the suspended sentence

1. The summary of the assertion is the Defendants and the defense counsel. ① At the time of the occurrence of the instant case, the Defendants did not have the awareness of the victim’s residence. As such, the Defendants did not have the intent to intrude into the victim’s residence. ② At the time of the occurrence of the instant case, the Defendants went into the instant house with E’s explicit or implied consent living together with the victim at the time of the occurrence of the instant case and entered the instant house. As such, the Defendants infringed upon the victim’s residence.