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The prosecutor's appeal is dismissed.
Reasons
1. As to the part of the facts charged of this case’s appeal, the court below found the Defendant not guilty on the ground that there is insufficient evidence as to whether the factory of this case was a structure managed by the factory of this case. However, according to the E and D’s statement, it should be deemed that the above factory has taken measures, such as marking no person’s access to the factory and locking the door, etc., and thus, it should be deemed that the court below erred by misapprehending the facts.
2. Determination
A. In the crime of intrusion upon residence, a structure, which is the object of the act of intrusion, refers to a structure comprised of the main wall, columns, roof or ceiling, where a person can remove or enter, and it does not simply refer to the structure itself, but includes the above summary. However, the above summary is clearly revealed from the objective point of view that the land adjacent to the structure, which is installed with a fence, is provided for the use of the structure, and is not allowed without permission of the outside.
Therefore, even if land annexed to a building, which contributes to the use of the building, is the land annexed to the building, if the boundary of the building can be exceeded easily by means of ordinary pedestrian walking because there is no partition or control by human resources or physical facilities, it is difficult to view that the outside person's access is restricted objectively and clearly. Thus, it is reasonable to view that such land does not belong to the object of the crime of intrusion upon residence, barring any special
(See Supreme Court Decision 2005Do5351 Decided October 7, 2005, and Supreme Court Decision 2009Do14643 Decided April 29, 2010, etc.) B.
In other words, according to the statements of D, which are the owner of the factory E and the manager, the factory of this case is operated as a food factory in its original form, according to the following circumstances, which are duly adopted and examined by the court below.