건조물침입
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000 (one million).
The above fine shall be imposed on the defendant.
1. The summary of the grounds for appeal is that the defendant did not possess the building of this case at the time of the instant case, which had been released a locking system on the first floor D, which is the building of this case, as shown in the facts charged of this case, and entered the building of this case, and thus the defendant's act of entering the building of this case constitutes an element of the crime of intrusion upon the building of this case. The defendant's act of forcing the defendant to remove a locking device of the building of this case without communicating the victim and entering the building of this case does not constitute a justifiable act
Nevertheless, the defendant's act of entering the building of this case does not constitute elements, but is not so.
The judgment of the court below which acquitted the defendant on the grounds that the illegality is excluded as a legitimate act is erroneous in the misapprehension of the legal principles as to the elements of a crime of intrusion on a structure and the grounds for exclusion of illegality
2. Determination
A. The judgment of the court below is difficult to view that the defendant et al., the husband of the defendant and the defendant et al. possessed or possessed at least the defendant jointly with the victim at the time of the instant building, since the defendant et al., the defendant et al. possessed or possessed at least the D underground floor, which is the building of this case, and it is not so.
Even if the defendant entered the building of this case, he was acquitted of the defendant on the ground that the act of entering the building of this case constitutes a justifiable act.
B. As the crime of intrusion upon a residence is the legal interest protected by the law related to the first instance judgment, the issue of whether a resident or a manager has the right to reside in or manage a building, etc. does not depend on the establishment of a crime, but even if a person is permitted to enter a usual building due to the relationship with the resident or manager, etc., the act of entering a residence is a resident or manager.