건조물침입등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. While the victim of mistake of facts occupies the office of this case without a legitimate title, the defendant occupied the office of this case by a legitimate title (a leave of absence and a provisional disposition prohibiting entry). Since the defendant registered the business with the National Tax Service and was delegated with legitimate rights, it cannot be deemed that the defendant invaded on the office of this case.
B. The lower court’s sentence of unreasonable sentencing (2 million won of fine) is too unreasonable.
2. Judgment on the defendant's assertion of mistake of facts
A. On December 11, 2016, the Defendant: (a) opened the locks owned by the Victim C at the 20-story E office of the D building, which is managed by the Victim C located in Geumcheon-gu Seoul, Geumcheon-gu, Seoul; and (b) opened the locks owned by the Victim and entered the said office using hacksaws and hacks.
Accordingly, the defendant damaged the locks and infringed on the above office at the same time.
B. The judgment below held that since the crime of intrusion upon residence is a crime of de facto infringement of the right to benefit and protection of the law, the issue of whether the dwelling person or the guard has the right to reside in the building, etc. does not depend on the establishment of the crime, and even if the occupation of the person without the right to possess is the possession of the building, the peace of the dwelling should be protected. Thus, if the right holder intrudes on the building without following the procedure as prescribed by the Act in the execution of his right,
(See Supreme Court Decision 87Do1760 delivered on November 10, 1987, etc.). Even if the Defendant was delegated the right to possess the instant office at the time of the instant case as alleged by the Defendant, as long as the possession of the instant office was transferred to the victim without permission, the Defendant’s act of destroying locked and entering the instant office constitutes a crime of intrusion upon structure.
The court below's above judgment is legitimate.