Defendant shall be punished by a fine of two million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Punishment of the crime

From May 27, 2009 due to a mental disorder of C Hospital, the Defendant invaded upon the victim’s residence by using the victim’s Ma (n,e.g., 52 years of age)’s e (n, 20 years of age), which was the time when he was in charge of the treatment of the victim’s Do (n, 52 years of age) hospitalized in the closed ward of the said hospital, around January 14, 201, and the address identified through E in advance and the password of the entrance.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Statement made by the prosecution concerning D;

1. Copy of officetel lease contract;

1. A copy of the E-mail;

1. A medical certificate;

1. An appraisal report by a herb doctor G;

1. E-M heads;

1. E statements;

1. Investigation report (Details of telephone conversations and investigation records);

1. Recording records;

1. Application of Acts and subordinate statutes to written appraisal;

1. Article 319 (1) of the Criminal Act applicable to the crimes;

1. Determination as to the assertion of the Defendant and the defense counsel under Articles 70 and 69(2) of the Criminal Act for the confinement of the workhouse

1. Since the permission of E, who is the claimant, entered the residence, the crime of intrusion was not established. Even if E, the defendant knew that E was the person having the right to residence, there was no intention of entering the residence, because E knew that he was the person having the right to residence.

2. The following circumstances acknowledged by the foregoing evidence, namely, the instant officetel was leased and used mainly for the purpose of temporary residence when the victim living in the U.S. enters the Republic of Korea to care for E, and E is a patient being treated in a long-term mental and closed ward, and her mother was unable to leave the instant officetel alone without his/her guardian, and her mother was in the instant officetel several times with the victim, and the number of the instant officetels was exceeded once. From July 25, 2010 to July 25, 2010, E was the average twice a month.