주거침입
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 3,000,000.
The above fine shall not be paid by the defendant.
The summary of the grounds of appeal (fact-finding) also corresponds to the part constituting the above summary; the fence of the defendant's inner wall is at a distance of 1m from the victim's outer wall and the wall is at a distance of 20 meters; the wall between the wall and the outer wall is at a distance of 1m from the victim's outer wall; and it is impossible for the general public to have access to the wall. Thus, the space between the wall and the outer wall falls under the above summary. In order to see the inside of the victim's residence, the defendant is at a space between the wall and the outer wall, which is the above summary, and the defendant's intrusion upon the wall is for viewing the above summary through the victim's window, and it is evident that the actual peace of residence is harmed. In light of the above, the crime of intrusion upon residence is established.
Nevertheless, the court below ruled the defendant not guilty, and there is an error of misconception of facts.
2. Determination
A. In the judgment of the court below, the "building", which is the object of intrusion upon residence, includes not only the building itself, but also the above summary attached thereto in a strict sense in light of the fact that the crime of intrusion upon residence actually protects the peace of residence. However, the above summary should be clearly revealed from the objective point of view that the land adjacent to the building, which was installed by a fence, is provided for use of the building, and is not allowed to access without permission of the outside.
Therefore, even if land annexed to a building, which contributes to the use of the building, is a land annexed to the building, if the boundary of the building can be easily exceeded due to the lack of partition or control by human resources and physical facilities, etc., it is difficult to view that the outside person’s access is generally restricted, objectively clearly and clearly. Thus, barring any special circumstance, the crime of intrusion upon residence is committed.