All of the appeals filed by the prosecutor and the defendant A are dismissed.

1. Summary of grounds for appeal;

A. A. A prosecutor 1) Although the construction of the entire building of this case was not completed as of November 22, 201 with respect to Defendant A and B, the lower court found Defendant C not guilty of this part of the facts charged on the ground that it was not a building, although the first underground floor affected by the said Defendants could be deemed to fall under a building in the condition where main wall and tent are installed, the lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment, in full view of the victim A, the witness K investigation agency and the legal statement, etc., the lower court acquitted Defendant C of this part of the prosecution, even though it can be recognized that Defendant C inflicted an injury upon the victim, as described in the facts charged, but the lower court acquitted Defendant C of this part of the prosecution.

B. Defendant A (1) Although Defendant A did not have a misunderstanding of facts about the victim A’s body, the lower court found Defendant A guilty of this part of the facts charged, there is an error of law affecting the conclusion of the judgment by misunderstanding the facts, which affected the conclusion of the judgment.

2. Determination

A. On November 22, 2011, at around 18:00, the Defendants entered the new construction site of the victim C located in Gwangju-dong-gu, Gwangju-gu, and entered the underground space of the building without the victim’s permission, despite signs prohibiting access to the new construction site. Accordingly, in the crime of intrusion upon the victim’s residence, the Defendants jointly intruded on the building managed by the victim. 2) In the case of the crime of intrusion upon the victim’s residence, the structure that is the object of the act of intrusion refers to the structure that consists of the main wall, pole, roof, or ceiling, and the place where the person can remove or have access to the building (see, e.g., Supreme Court Decision 2005Do5351, Oct. 7, 2005).