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The defendant shall disclose the summary of the judgment of innocence against the defendant.
Reasons
1. On October 31, 2012, the Defendant: (a) on October 31, 2012, the victim D, the owner of the gas station in Daegu-gu C and 1, who leased the gas station in question; (b) on the form of a representative director, F, the actual operator of the LAE, who leased the gas station in question, occupied part of the building of the said gas station as the office with G’s understanding.
However, the lease contract for the above gas station in the K-A-A-B-E is terminated on November 31, 2013, and the defendant has no right to occupy the gas station after the termination of the lease contract.
Nevertheless, around December 8, 2014, the Defendant refused to demand the withdrawal of the victim without justifiable grounds, such as the victim’s 8th degree of punishment from the office in which the Defendant in the above gas station occupied without permission (as the above 20th degree of punishment) by the victim, from H, the building manager of the gas station, to December 15, 2014, even after being demanded to offset the unpaid monthly rent, and the remaining security deposit paid at the time of the conclusion of the above lease contract at E, which has already been settled by offsetting the unpaid monthly rent, to return KRW 30 million.
2. Determination
A. The crime of intrusion upon residence and the crime of non-compliance with the escape is a person who actually maintains peace in residence by occupying or managing a building, etc., and whether a resident or a person who does not have a right to live or to be confined to a building, etc. does not depend on the establishment of the crime, but is an occupation of a person who does not have a right to occupy.
Even if the dwelling peace should be protected (see, e.g., Supreme Court Decision 2007Do4082, Aug. 23, 2007). (b) A crime of refusing to leave is established when a person who lawfully enters the dwelling (if such person intrudes upon the dwelling against the intention of the resident from the beginning, the crime of intrusion upon the dwelling will only be established) receives the demand from the resident and fails to comply with the demand of the resident, and the protection of legal interests are protected.