Defendant shall be punished by a fine of KRW 500,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Punishment of the crime

The defendant, around 15:00 on September 13, 2016, entered the inside through an open door to resisting that the damaged person's house located in Mapo-gu Seoul Metropolitan Government C may remodel and use a warehouse.

The victim's residence was invaded, such as taking photographs.

Summary of Evidence

1. Legal statement of the witness D;

1. Inquiry of each fact into the Mapo-gu office;

1. Application of photographic Acts and subordinate statutes attached to the police interrogation protocol to the accused;

1. Article 319 of the Criminal Act applicable to the crime, Article 319 of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The Defendant and the defense counsel on the Defendant’s assertion of Article 186(1) of the Criminal Procedure Act asserts that, as the victim living in Bara’s underground floor installed a wall in the public parking lot without permission and used it exclusively, the Defendant, who resides in the same building, filed a civil petition with the Gu office. At the time of the instant case, the Defendant entered the parking lot entrance to the inner space of the parking lot entrance to confirm the completion of the restoration of the original state of the parking lot from the Gu office, and there was no entry into the second iron door used as the victim’s residential space, and thus, the victim’s residence was not invaded.

Since the crime of intrusion upon residence is a de facto legal interest to protect the peace of residence, the issue of whether a resident or a person who has a right to live or to be guarded by a structure does not depend on the establishment of the crime, and possession by a person who has no right to occupy.

Even if the peace of a house should be protected, in a case where a right holder intrudes on a house or a structure without following the procedure prescribed by law in realizing the right, the crime of intrusion upon a house is established (see Supreme Court Decision 83Do1429 delivered on April 24, 1984). In addition, the crime of intrusion upon a house is committed.