The defendant shall be innocent.

1. The Defendant, who had resided in the vicinity of the victim B’s residence, was aware that the victim was living at the victim’s parking lot at the victim’s residence, and the victim was living therein at the victim’s parking lot, and the victim was trying to steals the victim through the window of the victim’s residential building in order to view the victim’s clothes off from his/her residence.

Around 05:00 on June 16, 2018, the Defendant was going on the wall of the above victim’s residential building located in Gangdong-gu Seoul Metropolitan Government, and was brought into the victim’s residential area through the main window on the first floor of the above building.

B. Around 03:00 on January 201, 2019, the Defendant: (a) placed the victim’s residence on the wall of the building; and (b) placed the victim’s house inside the victim’s residence through the main window on the first floor of the building.

C. On August 6, 2019, around 20:15, the Defendant was placed on the wall of the victim’s residence building and brought the victim’s house inside through the main window on the first floor of the building.

Accordingly, the defendant invadedd the victim's residence.

2. In the crime of intrusion upon residence, the “building” which is the object of the crime of intrusion upon residence includes not only the building itself but also the summary of the above attached thereto within a strict sense in light of the fact that the crime of intrusion upon residence actually takes into account the peace of residence as a legal interest protected by the law. However, the above summary should be clearly revealed from the objective point of view that the land adjacent to the structure is installed by a fence, etc. on the boundary with the outside, and is provided for use of the structure, and that the outside cannot have access without permission.

Therefore, even if land annexed to a building contributes to the use of the building, if the land is ordinarily limited to the extent that the boundary can be easily passed by pedestrians due to the lack of partition or control by human resources and physical facilities.