Defendant

In addition, all appeals filed by both medical care and custody applicants and the prosecutor are dismissed.

As the prosecutor’s misunderstanding of the facts or misapprehension of the legal doctrine on the Defendant’s case is an independent space separate from other common areas, the front corridor of the household of the asserted apartment is an independent space. Thus, even a neighbor who uses common areas between the Defendant and the Defendant and the Defendant (hereinafter “Defendant”) also uses common areas of the apartment, insofar as he/she enters the victim’s household in front of the victim’s present door against the victim’s will, it should be deemed that his/her intrusion occurred.

Nevertheless, there was no intrusion upon residence.

In light of the foregoing, the lower court found the Defendant not guilty on the part of intrusion upon residence and found the Defendant guilty only by misapprehending the legal doctrine.

Judgment

The court below held that the defendant attempted to enter the apartment of the victim, by putting the door door of the household, putting a grack number, putting a grack, etc., but failed to intrude upon the residence, the defendant failed to do so.

In light of the foregoing, the part of intrusion upon residence was acquitted and the attempt was found guilty.

The following circumstances acknowledged by the evidence duly admitted and examined by the court below, namely, the victim's front wall part of the apartment site does not physically be functionally separated from other parts of the corridor or stairs as common areas of multi-family housing, and even if the victim's front wall part of the apartment site is the victim's front wall, it is difficult to readily conclude that only the victim and his/her family members are exclusively used. In light of the fact that the defendant, a resident of multi-family housing, committed the same act as the facts charged in the victim's front wall of the apartment site, alone, cannot be deemed to constitute a crime of intrusion into the front wall part of the victim's front wall.

The judgment of the court below is just and acceptable by the prosecutor.