Suspected of Trespassing While Investigating Noise Cause
2nd Trial Grants Leniency with "100,000 Won Fine Suspended Sentence"

[Image source=Yonhap News]

[Image source=Yonhap News]

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[Asia Economy Reporter Kim Daehyun] A man in his 70s, who was prosecuted for entering the upper neighbor’s door and intruding into the entrance area with the shoe rack to find the cause of noise between floors, received a suspended sentence of a fine in the second trial. A suspended sentence is a system that postpones the sentencing for a certain period for defendants with minor offenses, and if no specific incidents occur during that period, the sentence is waived.


According to the legal community on the 21st, the 5-3 Criminal Appeal Division of the Seoul Central District Court (Presiding Judge Lee Gwanhyung) recently suspended the sentence of a fine of 1 million won, which was sentenced in the first trial, for Mr. A (76, male), who was charged with trespassing.


Earlier, Mr. A was prosecuted for entering the house of Ms. B (53, female), who lived upstairs in a villa in Gwanak-gu, Seoul, in May last year without permission, opening the door, and intruding into the area where shoes are taken off.


At the time, Ms. B was holding the doorknob saying "Please wait," but it was investigated that the door lock latch fell off as Mr. A kept pulling the door. Mr. A, on the other hand, claimed, "(The doorknob) was already broken, and I only spoke in front of the entrance door, not entering the house." He also argued, "I went there because I was angry after hearing the sound of the ceiling breaking. Ms. B only said she wouldn’t do it again last time and prevented me from entering inside."


The first trial said, "The defendant went to the victim’s house when she was alone, opened the door against her will, and trespassed into the residence," and sentenced him to a fine of 1 million won, stating, "The nature of the crime is bad as it disturbed the peace of the victim’s residence."


The second trial also judged Mr. A’s charges as guilty, stating, "It seems that the defendant was strongly determined to find out the cause of the loud noise coming from the victim’s house at the time," and "The struggle continued for a while even after the door was opened, and the victim’s testimony is specific and consistent."



However, it suspended the sentence of the fine, saying, "Considering the repeated noise between floors between the defendant and the victim, the amicable settlement between them, and other sentencing conditions, the sentence imposed by the original trial is somewhat heavy and unfair."


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

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