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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Punishment of the crime

On October 19, 2014, the Defendant infringed upon the victim’s residence by opening doors at the entrance corridor of the entrance entrance of the entrance of the 902 apartment, and making sound, etc., through the common entrance entrance of the 1st floor of the 1st floor of the apartment in which the victim D resides, the 00:01 Daegu-gu, Daegu-gu, 402 victim D.

Summary of Evidence

1. Partial statement of witness D;

1. Examination protocol of police suspect regarding D;

1. Application of Acts and subordinate statutes on voluntary reports;

1. The stairs and corridors used for public use in multi-family housing, such as relevant legal provisions on criminal facts, Article 319(1) of the Criminal Act of the choice of punishment, multi-household houses or apartment houses, etc. are parts naturally annexed to the exclusive part of each household or household, and which are planned to be supervised and managed in daily life by the relevant resident and are in need of protecting the peace of de facto residence, and thus, constitute “resident’s residence” which is the object of the crime of intrusion upon residence

Therefore, even if the entrance door of the apartment of this case was not set up, and the defendant only went to the front corridor of the victim's household, it does not interfere with the establishment of a residential intrusion.

In addition, since the crime of intrusion upon residence is the protected legal interest of the law, the crime of intrusion upon residence is established if the act of entering the residence is reduced even though it is against the explicit or presumed intention of the resident or manager, since the relation with the resident or manager is permitted to enter the building.

In light of the fact that the Defendant: (a) suspected of having committed the act of the victim under the victim’s contact; (b) discovered the victim’s house at late night as stated in the facts constituting an offense; and (c) reported the victim’s request for mobilization to the police, the Defendant’s act is prejudicial to the peace of residence against the resident’s explicit or presumed intent.