Court Fines 20-Year-Old for Hiding Phone in Window to Spy on Ex-Girlfriend's Bathroom

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[Asia Economy Reporter Choi Seok-jin] A man in his 20s who visited his ex-girlfriend's house late at night, tore off the bathroom window frame, and used his mobile phone to spy inside was sentenced to a fine.

According to the legal community on the 27th, Judge Yang Eun-sang of the Seoul Central District Court Criminal Division 18 recently sentenced A (28) to a fine of 1 million won for trespassing.

Judge Yang stated, "Considering that the defendant is a first-time offender, confessed to the crime, showed remorse, the degree of trespassing was not severe, and the victim did not wish to press charges."

A is accused of visiting his ex-girlfriend B's residence in Gwanak-gu, Seoul, late at night last November, tearing off the bathroom's external window frame, and inserting his mobile phone screen inside to look in.

Previously, the prosecution had filed a summary indictment against A with a fine of 1.5 million won, but A appealed and requested a formal trial.

The Supreme Court, which views the protected legal interest of the crime of trespassing as the "actual peace of residence," recognized the establishment of trespassing charges in 1995 for an act of opening a victim woman's house window at night with the intent to commit rape and putting one's face inside.

At that time, the Supreme Court stated, "Since the crime of trespassing protects the actual peace of residence as the legal interest, it is not necessary for the entire body of the perpetrator to enter the residence of another for the crime to be established. Even if only a part of the body enters the residence, if it reaches a level that harms the actual peace of residence enjoyed by the occupant, it should be considered to fulfill the elements of the crime."

It added, "Therefore, the intent (mens rea) of trespassing does not require the awareness that the entire body enters another's residence; it is sufficient if there is awareness that even a part of the body enters another's residence."

Furthermore, the Supreme Court concluded, "If one opens the window of another's house at night and puts their face inside, even if only part of the body enters the house with such awareness, the intent for trespassing is recognized. Also, even if only part of the body enters, if it disturbs the actual peace of residence, the crime of trespassing is considered complete."

This content was produced with the assistance of AI translation services.