주거침입
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
1. Summary of grounds for appeal;
A. In fact, the Defendant, in the capacity of the representative of the apartment building, went away to the office of the victim according to the resident D, and the victim’s father and wife (hereinafter “Iskh to close the door,” and only came to open the entrance and exit of the entrance of the victim, and the Defendant did not have any intention to enter the residence against the victim’s will.
B. The sentence of the lower court’s unfair sentencing (an amount of KRW 300,000) is too unreasonable.
2. Judgment on the assertion of mistake of facts
A. On January 25, 2016, the Defendant: (a) around 19:10 on January 25, 2016, in order to raise the issue of the victim’s access to the apartment management office, the Defendant: (b) went into the apartment house for the victim’s residence; (c) in order to raise the victim’s access to the apartment house management office; (d) as in order for D to make a false statement to the victim’s his/her father, thereby infringing on the victim’s residence.
B. Determination 1) According to the records of basic facts, the following facts are recognized.
① At the time of the instant case, the Defendant was responsible for the Dong 103 apartment units B located in Busan Northern-gu, and the victim was responsible for the representative of the occupants of the said apartment units.
On the day of the case, the Dong representatives of the above apartment including the defendant were gathered in front of the management office to hold meetings, but the staff of the management office did not open the office entrance after receiving the direction of the victim. At that time, D, a resident of the above apartment, was unable to use the water due to the marization of the water meter, so as to be supplied with the water to the management office, the representative including the defendant, and D became the victim's house in 108 to comply with this problem.
② While other residents except the Defendant and D are waiting in front of 108, the Defendant and D have visited the house of the victim. D are the first race of the victim when they came to the house of the victim.