A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

The defendant is between the victim B and the victim. On November 25, 2017, the defendant and the victim drinking alcohol, such as the married couple of the married couple of the family and the wife D of the defendant.

On November 26, 2017, around 01:00, the Defendant entered the F Building G, a residence of the victim in Seo-gu Incheon, Seo-gu, Incheon, with the victim's wife D, a drunkized victim's wife D, and invaded upon the victim's residence.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. He/she shall state B the statement of the defendant in the protocol of interrogation of the suspect;

1. On-site photographs;

1. Application of statutes to each investigation report (referring to the submission of a written statement by a witness C telephone tape recording/written reference for a complainant agent);

1. Relevant Article 319 of the Criminal Act, the choice of punishment for the crime, Article 319 of the Criminal Act, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 62-2 of the Criminal Code of the Social Service Order

1. The summary of the argument is the fact that the defendant entered the house of the victim, but it does not constitute a intrusion upon residence as the defendant enters the victim's wife with the consent of the victim.

2. Determination

A. Since the crime of intrusion upon a residence is a de facto protection of the peace and benefit of the residence, if the act of entering the residence is committed against the explicit or presumed intent of the resident or manager, the crime of intrusion upon a residence is established.

In addition, if one person has multiple residential rights and the consent of one person is directly or indirectly against the will of another resident, access to the residence is a result of undermining the peace of the residence, that is, the control of the residence, and peace of the management. Thus, the crime of intrusion on the residence is established. Even if one of the visitors is absent, it shall be deemed that there is no influence on the above legal principle as long as the control relationship of the residence is acknowledged to exist externally.

B. This Court has duly adopted and investigated.