퇴거불응
The defendant shall be innocent.
1. The summary of the facts charged is that: (a) around July 15, 1996, a person who was a person of distinguished service to the State, prepared a written agreement on occupancy with the president of the Korea Veterans Welfare Corporation; and (b) occupied the 107-dong 107-dong 107-dong 478-dong Hawon-dong, Suwon-gu, Suwon-si; (c) died on March 3, 2015; and (d) the Defendant was a person who was his/her father; (e) was a person who coming from the 107-dong Da 107-dong c and was living for a good health-friendly B; or (e) a person who is not qualified to move into the 107-dong Da 107-dong 3 in accordance with the operational rules of the Korea Veterans Welfare Corporation.
Since March 3, 2015, B died on or around March 3, 2015, Article 39 of the Operational Rules demanded the Defendant to leave the office around March 25, 2015 and around May 20, 2015, but the Defendant refused to leave the office.
2. Determination
A. The legal interest in the crime of intrusion upon residence under the Criminal Act is not the legal concept of a right to residence, but is in fact a freedom and peace of residence in a private living relationship and has the right to enjoy peace and peace in the residence (see, e.g., Supreme Court Decision 83Do685, Jun. 26, 1984). Since the crime of intrusion upon residence is a de facto legal interest to protect the peace and peace of residence, the issue of whether a resident or an inter-resident has a right to reside in a structure, etc. does not depend on the establishment of the crime, and is an occupation of a non-exclusive person
Even if a dwelling peace should be protected (see Supreme Court Decision 83Do1429, Apr. 24, 1984, etc.). Since the protection of the benefit and protection of the non-compliance with the provision of the same Article is also identical to the crime of intrusion upon residence, the above legal principle also applies to the crime of non-compliance with the eviction.
B. The crime of refusing to leave is established when a person who lawfully enters the residence (if such person intrudes upon the residence from the beginning against the intention of the resident, only the crime of intrusion is established) does not comply with the demand of the resident to leave. The protected legal interests are as seen earlier.