주거침입등
The defendant's appeal is dismissed.
The main facts of the grounds for appeal are as follows: (a) the Defendant entered the apartment of this case into the apartment of this case, opened up to 11th floor by using the elevator of this case; and (b) opened the first class of the body of the victim when entering the apartment of this case; (c) the first class of the body was being transported by other residents at the time of entering the apartment of this case; and (d) there was no fact that the Defendant was a question about the victim’s residence.
Therefore, the Defendant did not intrude the victim’s residence.
The defendant did not have any intention to intrude a residence against the victim's explicit or presumed intention.
The punishment of the court below (one million won) which is unfair in sentencing is too unreasonable.
Judgment
In determining the misunderstanding of facts, the residence is used for the crime of intrusion.
It does not merely refer to a house itself, but includes the above summary, such as the fixed number of houses (see Supreme Court Decisions 82Do1363, Mar. 8, 1983; 2001Do1092, Apr. 24, 2001). The stairs and corridor used for public use in multi-household houses, such as multi-household houses, multi-household houses, multi-household houses, apartment houses, etc. are essential parts for each household or household's exclusive use as a residence, and there is a need to protect the peace of residence. Thus, it should be deemed that the apartment house and corridor inside multi-household apartment houses or multi-family housing fall under "human's house," which is the object of the crime of intrusion upon residence, unless there are special circumstances (see Supreme Court Decision 2009Do3452, Aug. 20, 209). According to the evidence duly adopted and examined by the court below, it constitutes an inside of the present apartment house of this case.