The defendant shall be innocent.

1. The Defendant is a person who is acting for the management of F and G-owned H buildings in Yongcheon-si E while operating a real estate brokerage office under the trade name “D” in Youngcheon-si, Youngcheon-si.

At around 15:00 on June 29, 201, the Defendant: (a) replaced the digital object chain at the entrance set forth in the above 904, which was attached to the victim’s previous lessee set forth in the above 904 on the ground that the Defendant confirmed the existence of the article set forth in J, the former lessee set forth in the above 904, thereby impairing the utility of the entrance; and (b) entered the said 904 room and intruded the victim I’s residence.

2. The subjective element of the constituent elements of the legal doctrine refers to the case where the possibility of occurrence of a crime is expressed as uncertain and it is accepted. The possibility of occurrence of a crime is recognized in order to have dolusent intent, and further, there is an intent to deliberate on the possibility of the crime to accept the risk of occurrence of a crime. Whether or not the offender is aware of the possibility of occurrence of a crime should be determined by considering how the possibility of occurrence of a crime can be assessed if the general public is based on the specific circumstances, such as the form of the act and the situation of the act committed outside, without depending on the statement of the offender. In such a case, the prosecutor bears the burden of proving the existence of dolusive intention, which is the subjective element of the crime charged. Meanwhile, the conviction should be based on evidence with probative value, which makes the judge not have any reasonable doubt. Thus, if there is no such evidence, even if there is no doubt about the defendant's profit, it is inevitable to determine the defendant's profit.

Supreme Court Decision 201Na1448 delivered on May 14, 2004