Bang Bang Bang "Open the door, my husband is there" 36-second doorbell ringing
40s Woman Suspected of Adultery Fined 300,000 Won
A woman in her 40s who visited the apartment of a woman suspected of having an affair with her husband, rang the doorbell and knocked on the front door, was brought to trial. The court imposed a fine but suspended the sentence, showing leniency.
The Chuncheon District Court Criminal Division 1 (Judge Gong Min-ah) announced on the 11th that it had suspended the sentence of a 300,000 won fine for A (42, female), who was indicted for violating the Act on the Aggravated Punishment, etc. of Specific Crimes (joint trespassing).
Article 319, Paragraph 1 of the Criminal Act defines the crime of trespassing, stating, "A person who intrudes into another person's residence shall be punished by imprisonment for not more than three years or a fine not exceeding 5 million won."
"To check if my husband was at B's house..."
On the afternoon of September 29, 2021, A was accused of visiting an apartment in Wonju, Gangwon Province, where the other woman B lives, to confirm her husband’s affair, ringing the doorbell and knocking on the front door.
Waiting for B in the apartment’s underground parking lot, A followed a resident to enter the apartment’s common entrance door secured with a password, and then rang the doorbell and knocked on B’s front door for 36 seconds, as stated in the indictment.
In court, A claimed, "I only tried to check whether my husband was at B’s house, had no intention to trespass on the victim’s residence, and had no malicious intent."
The act of ‘intrusion,’ a constituent element of the crime of trespassing, refers to entering a residence in a way that disrupts the actual peaceful state enjoyed by the occupant. According to Supreme Court precedents, whether an act constitutes intrusion is judged based on the objectively and outwardly apparent behavior at the time of entry.
Judge Gong stated, "Entering the common area necessarily attached to the apartment’s exclusive part, ringing the doorbell, and knocking on the door for 36 seconds is reasonably seen as infringing on the victim’s residential peace," and ruled, "The claim of no intent to trespass is unfounded."
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However, the judge suspended the sentence, saying, "There are circumstances to consider regarding the background of this crime, and there appears to be no possibility of reoffending."
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