The prosecutor's appeal is dismissed.

Summary of Grounds for Appeal

Although it is difficult to see that the defendant's act of entering the victim's residence is unreasonable because it does not violate social norms, the judgment of the court below which acquitted the defendant, is erroneous in misconception of facts or misapprehension of legal principles.

2. Determination

A. The application for changes in the indictment and the application for permission for the changes in indictment are pending in the trial, while maintaining the existing facts charged of intrusion, the name of the crime is rejected, and the applicable provisions of the law are applied for the changes in indictment as stated in the following selective facts charged, and the court has granted permission. As such, the grounds for appeal against the original facts charged and the facts charged alternatively added in the trial are examined in order.

B. Determination 1 on the grounds of appeal as to the original facts charged 1) The Defendant is the representative of B apartment house occupant at Yangsan-si, and C is the resident of B apartment house D. On March 7, 2019, the Defendant: (a) placed a door door in order to urge C to pay unpaid management expenses in front of C’s residence; and (b) went into the house through the door door that was not corrected by a person, and infringed upon C’s house. (c) The judgment of “act that does not violate social rules” under Article 20 of the Criminal Act refers to the act that is acceptable in light of the overall spirit of legal order, or the social ethics or social norms surrounding C’s residence.

Whether a certain act constitutes a legitimate act that does not contravene the social norms and thus, should be determined individually under specific circumstances by examining and reasonably, and to recognize such a legitimate act, first, the legitimacy of the motive or purpose of the act, the reasonableness of the means or method of the act, third, the balance between the protected interests and the infringed interests;