Text
Defendant shall be punished by a fine of KRW 1,000,000.
If the defendant does not pay the above fine, 100,000 won shall be one day.
Reasons
Punishment of the crime
The defendant is a person who acts as a partner of the housing association of C, and the victim D (65) was acting as a partner of the housing association from 2010 to 2015. At present, in order to obtain authorization for the establishment of the C Housing Association, the landowner received a written consent from the owners of the land, who is not aware of each other, but is aware of each other's name in relation to the housing association.
On December 30, 2016, around 16:30 on December 30, 2016, the Defendant installed a down-to-date camera in front of the 6th floor of the victim's residence in Songpa-gu Seoul apartment E apartment 201, 6:3, in order to take a correction device of the entrance of the victim's residence in order to install a fire alarm, passed through the 1st floor door door door door, where no correction has been made of the 201 unit of the above apartment, and installed a down-to-date camera with stairs up to 6th floor after getting out of the elevator, and then getting out of the 4th floor after getting out of the 4th floor, and then getting out of the elevator and getting out of the 1st floor, thereby impairing the peace of residence of the victim.
Summary of Evidence
1. Partial statement of the defendant;
1. Each statement protocol with D;
1. Application of the provisions of Acts and subordinate statutes to photographs by photographing a photographic screen on the records of seizure (voluntary submission), fire alarm devices, flamer photographic photo of chips, flamer, microchips;
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 48(1)1 and 2 of the Confiscation Criminal Act / [the defendant and defense counsel did not attempt to enter the victim's house or to obstruct the peace of residence in the inside of the victim's house, and only enter the common space, such as apartment complexes and corridor, and therefore does not constitute a crime of intrusion upon residence;
The argument is asserted.
In the crime of intrusion upon residence, the residence refers not only to the house itself, but also to the summary of the residence such as the garden.