2. Determination

A. The Defendant is the former owner of the building located in Yeongdeungpo-gu Seoul Metropolitan Government, and C is the lessee of the first floor of the building.

On April 7, 2017, the Defendant entered the residence of Yeongdeungpo-gu Seoul Metropolitan Government building B and the first floor C with the entrance door opened to the house, and invaded upon C’s residence.

B. The lower court found the Defendant not guilty of the charges against the Defendant on the ground that the evidence submitted by the prosecutor alone is insufficient to acknowledge that the Defendant had the intention to intrude a residence, and that there is no other evidence to acknowledge it, in view of the following circumstances acknowledged by comprehensively taking account of the records of this case and the evidence duly adopted and investigated by the lower court, although the Defendant was found to have entered the first floor of the building as stated in the facts charged, the crime of intrusion upon a residence is protected by the law of peace in the dwelling.

C operated a store with the trade name “D” on the first floor of the building as stated in the original facts charged, and used the inside of the store as a residence. From October 2016 to October 2016, the store was used only for a residential purpose without operating the store.

When the Defendant sold the above building to Nonparty E, etc., the Defendant demanded C to leave the building on the first floor, and C to leave the building on April 6, 2017, upon requesting the Defendant to leave the building by the 9th day of the same month.

C Around 15:00 on March 27, 2017, after organizing the inside of the above store, the articles inside the store are cut down at around 11:0 on April 8, 2017.