The defendant shall be innocent.

Punishment of the crime

1. On May 28, 2015, the Defendant: (a) around 11:45 on May 28, 2015, the instant charges opened a string door, which was locked to possess home appliances purchased through auction from the victim D; and (b) invaded upon the victim’s residence.

2. The gist of the Defendant’s assertion is that the main text of the Defendant was locked to smoke tobacco while working in an auction procedure conducted under the participation of an execution officer and a chief executive officer, and entered the back door. Therefore, the Defendant does not constitute a crime of intrusion upon residence.

3. Determination

A. The burden of proving the facts charged in a criminal trial is the prosecutor, and the conviction should be based on the evidence of probative value, which makes the judge feel true to the extent that there is no reasonable doubt. Therefore, if there is no such evidence, even if there is a suspicion of guilt against the defendant, it shall be determined with the benefit of the defendant.

B. According to the evidence duly adopted and examined by this court, the wife of the defendant is E, and E has monetary claims against the complainant D and the wife of the complainant, ② E has seized the movables owned by the complainant and applied for an auction upon the complainant’s failure to pay the money to E; ③ auction on the movables was conducted on May 28, 2015; ④ at the time of the auction at the time of the auction; ④ at the time of the auction at the Daegu District Court’s Young-gu District Court’s Youngdong Branch enforcement officer, both the complainant and the defendant were at the site at the time of the auction; ⑤ at the auction procedure at the above auction procedure, E has been awarded a successful bid in the amount of KRW 2.5 million, and ④ the complainant or the defendant has signed the protocol after the auction procedure and completion.