Defendant

A was the representative of F subordinate Business Co., Ltd., the contractor for the new construction of E-Urban Residential Housing (hereinafter referred to as “E-Urban Residential Housing”) on three parcels outside the Heung-gu, Chungcheongnam-gu, and was the person working for the defendant B and C as the human father at the construction site at the above site, and the above house was the completion inspection on July 27, 2018.

On September 18, 2018, at around 09:39, the Defendants: (a) did not receive the construction cost from the victim G, the owner of the building at issue; (b) did not intrude into the said housing; (c) did not exercise the right of retention; (d) Defendant B and Defendant C entered the said housing unit through the open windows following the said housing managed by the victim H, who was entrusted with the management of the building by the said G; and (c) Defendant A entered the said housing unit through the open entrance.

Accordingly, the Defendants jointly intruded on the structure managed by the victims.

The prosecutor prosecuted the Defendants on the premise that the victim H occupied the building as the lessee under Article 319(1) of the Criminal Act, but it is insufficient to acknowledge that the evidence submitted by the prosecutor alone possessed the above building (I and L) as a residence by leasing it from G. Accordingly, the above building cannot be deemed as a “resident of a person” under Article 319(1) of the Criminal Act.

However, as determined in the above part, the above building constitutes a building managed by the victims, and it is clear that "the crime of intrusion upon a building" under Article 319 (1) of the Criminal Act is established, and it does not seem that ex officio correction as stated in the facts charged by the prosecutor, resulting in a substantial disadvantage in the exercise of the defendants' right to defense. Thus, the above facts constituting an offense shall be corrected ex officio.

Summary of Evidence

1. Defendants’ partial statement

1. Each legal statement of a witness G, H and J;

1. Defendants: