The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (the factual errors) was located outside of the management office of the general head office of D religious organizations, and since it is a public place in which anyone can have access to the general head office of D religious organizations, the act of the defendant outside the management office of D religious organizations does not constitute intrusion upon residence. However, the judgment of the court below convicting the defendant of the facts charged of this case is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

2. 판단 퇴거불응죄에서 객체인 ‘건조물’이라 함은 단순히 건조물 그 자체만을 말하는 것이 아니고 그에 부속하는 위요지(圍繞地)를 포함한다고 할 것이나, 여기서 위요지라고 함은 건조물에 인접한 그 주변의 토지로서 외부와의 경계에 담 등이 설치되어 그 토지가 건조물의 이용에 제공되고 또 외부인이 함부로 출입할 수 없다는 점이 객관적으로 명확하게 드러나야 하고(대법원 2010. 4. 29. 선고 2009도14643 판결 참조), 주거침입죄와 퇴거불응죄 모두 사실상의 주거의 평온을 그 보호법익으로 하고, 퇴거불응죄는 적법하게 주거에 들어간 자가 주거권자 또는 주거권자를 대리하거나 주권권자로부터 위탁을 받은 자로부터 퇴거요

shall be established in the event of failure to comply with the Gu.

According to the evidence duly admitted and adopted by the court below, the defendant avoided disturbance, such as putting the window on hand, with the following sound: (a) around 00:10 on June 22, 2012, the defendant was set up in the Korean religious organization’s general master book (including a boundary outside of the general master book of D religious organization; (b) 30 stairs was set up; and (c) was set up in the management office in front of the management office in front of the front door door of the entrance door; and (d) was sounded: (a) the defendant sent to the defendant at the general master book of D religious organization; (b) the defendant demanded that the defendant go to the general master book of D religious organization; (c) the defendant did not comply with the request; and (c) the police officer reported the crime to E.