Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Punishment of the crime

On May 17, 2013, at around 23:25, the Defendant came to the residence of the victim D in Gangwon-gun C, Gangwon-gun, and even though the victim expressed his/her intent not to enter the residence, he/she was fested and went to the living room and intruded on the residence of the victim.

Summary of Evidence

1. The defendant's partial statement (the date and time stated on the market and the purport that he/she has entered the victim's residence);

1. Partial statement of witness E;

1. Application of the police statement law to D;

1. Relevant provisions of the Criminal Act and Article 319 (1) of the Criminal Act concerning the selection of penalties;

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

1. The defendant and his/her defense counsel's assertion of the provisional payment order against the defendant and his/her defense counsel in accordance with Article 334 (1) of the Criminal Procedure Act asserts that the crime of intrusion upon residence is not established since they entered the victim's residence with the consent of the

However, if a joint resident has access to a residence without being contrary to the intention of a certain resident and it is against the intention of another resident, the crime of intrusion upon residence may be established if it is against the intention of the other resident (see Supreme Court Decision 2009Do5008, Mar. 11, 2010). Thus, even if the victim, E, etc. were jointly living in and had access to the residence with the consent of E, the crime of intrusion upon residence is established in light of the above legal principles, since it is against the intent of the victim (Statement made by D to investigation agency).

Therefore, this other argument is without merit.