2. Determination

A. In the crime of intrusion upon residence, the residence does not merely refer to a house itself, but includes the above summary such as its garden (see Supreme Court Decision 82Do1363, Mar. 8, 1983) and the stairs and corridor used for public use in apartment houses, such as apartment houses, are essential parts for the exclusive use of each household or household which are used as a residence, and there is a need for surveillance and management by the resident in daily life and in fact to protect the peace of residence (see Supreme Court Decision 2009Do3452, Aug. 20, 200). Meanwhile, the crime of intrusion upon residence constitutes a "human residence" which is the object of the crime of intrusion upon residence, barring special circumstances (see Supreme Court Decision 2009Do3452, Apr. 24, 2001). Meanwhile, the crime of intrusion upon residence is practically protecting the peace and interest of residence, and the resident's enjoying can practically harm the peace of residence (see Supreme Court Decision 201Do1092, Apr. 24, 2000).

According to the police interrogation protocol against the defendant who was lawfully investigated by the court, the defendant was allowed to enter the elevator to board C through the entrance door located in the above apartment parking lot.

In the above act, the defendant has entered the above apartment corridor, etc. which is a common part of apartment house, and there is nothing to be an object of the crime of intrusion on residence.

(c)

However, in order to establish the crime of intrusion upon residence, the act of the defendant should be detrimental to the peace of the victim's residence. C, which is the section for exclusive use of the victim, is a corrective device.