건조물침입
The judgment of the court below is reversed.
The sentence of sentence against the defendant shall be suspended.
1. Summary of the grounds for appeal (the mistake of facts and misapprehension of legal principles);
A. In the facts charged prior to the amendment of the indictment, the manager of the guard room of L religious organizations B (hereinafter “instant church”) did not specify in the indictment prior to the amendment of the indictment, and even if based on the changed indictments, the manager of the guard room of the instant church is only “members such as D, etc.” and it is difficult to view that the facts charged are specified to the extent that it does not interfere with the Defendant’
B. It was true that the defendant opened and enters the above guard room to the key ( smart key) that he did not return while working as a person in charge of the finance and management of the church of this case, but the defendant was authorized to enter the above guard room as the head or fire safety manager of the church of this case at the time of this case, and only entered the above guard room to bring the monitors owned by the defendant. Thus, the defendant entered the above guard room against the will of the manager and went to the above guard room.
No one can be deemed to have actually harmed the peace of a structure, and there was no intention to intrude a structure against the defendant.
C. Even if the defendant's act constitutes infringement upon a structure
Even if this does not violate the social rules, illegality is excluded due to the act of a political party as well as the act that misleads that legitimate right to enter the above guard room is legally permitted.
2. We examine ex officio prior to the judgment on the grounds of appeal by the defendant's ex officio prior to the judgment on the grounds of appeal by authority, and the prosecutor changed the part of the facts charged in this case that "the 1st floor guard room of the school conference, which was locked, opened an entrance door and intrudes into the building managed by entering it," to read as "the 1st floor guard room of the school council, which was locked, opened inside it, and intrudes into the room room managed and occupied by the members such as church representative D, etc.".