"Claimed they had no money to buy food outside," but the court did not accept it.

Teenagers who unlawfully entered a middle school cafeteria and had meals were found guilty in the appeals court as well. They argued that the prison sentence with a probationary period from the first trial was excessive, but the court did not accept this.

According to the legal community on the 22nd, the Criminal Division 1 of the Suwon High Court (Chief Judge Shin Hyun-il) dismissed the appeal of defendants A and B, who were charged with joint trespassing, stating, "There is no error in the original judgment," and rejected their appeal on the 14th of last month.

Ignoring eviction orders and continuing to eat

The incident occurred on May 23 of last year around noon at a middle school in Giheung-gu, Yongin City. At that time, three defendants, including A, unlawfully entered the school through the back gate during lunch break and went up to the cafeteria. Using the elevator, they moved to the cafeteria on the second floor, received trays, and sat down to start eating.

A teacher, suspicious of their actions, approached and requested them to leave, but the defendants did not stop eating. When the teacher warned them, "If you do not leave now, I will call the police," they finally stopped eating and were eventually expelled from the school by the teachers.

The defendants claimed, "We came to drop off a friend who is a current student and to see a teacher from our alma mater," and said, "Neither students nor teachers were disturbed." However, the investigation revealed that A was not a graduate of the school, and there was no prior contact with the teacher they claimed to have met. It was also confirmed that the teacher was not working at the school at that time.

"I entered because I had no money to buy food outside."

During the investigation, defendant C stated, "I entered the cafeteria because I had no money to buy food outside." It was also confirmed that they entered the school according to the lunch hours.

The Criminal Division 11 of the Suwon District Court (Chief Judge Shin Jin-woo) sentenced them to a probationary prison term in the first trial, stating, "Middle schools are educational facilities where entry by outsiders is restricted, and it is naturally expected that entry control measures are in place while students are present."

The court also noted, "The school has installed CCTV and established procedures for wearing identification to control outsider access," and determined that "the defendants entered against the wishes of the school administrators with the intent to take advantage of the cafeteria."

The appeals court also ruled, "The nature of the crime is not light," and dismissed the appeal.

In the appeals court, the defendants argued, "It was not an action that deviated from common sense," claiming that the sentence was heavy, but the court did not accept this. The court stated, "The nature of the crime is severe, they do not admit to the crime and have remained consistent in their excuses," and added, "The mitigating factors they claim were sufficiently considered in the first trial."

This ruling is expected to remain a precedent that raises public awareness about unlawful entry and security in educational facilities.

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