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The defendant's appeal is dismissed.
Reasons
1. Summary of the grounds for appeal (misunderstanding of legal principles or factual errors);
A. As to the entry into a residence, the Defendant entered the above house with the permission of the resident.
B. As to obstruction of one’s exercise of one’s right, E who leased the instant house from the Defendant was in arrears for eight months, but D, who is not the lessee, resides in the said house without any authority and was engaged in any conduct as stated in the judgment of the court below in order to prevent him from residing in the said house. Thus, the Defendant cannot be deemed to have obstructed the exercise of one’s right, such as the above E.
2. Determination
A. (1) According to the evidence duly admitted and examined by the court below, the defendant was found to have entered the instant house without the consent of the resident D, etc. residing in the instant house.
(2) In addition, when entering the dwelling of another person against the will of the resident, the crime of intrusion upon the resident is established, and at this time, the intention of the resident includes not only explicit cases but also implied cases, and may be presumed to be the opposing opinion of the resident depending on the surrounding circumstances (see, e.g., Supreme Court Decision 2003Do1256, May 30, 2003). Under the evidence duly adopted and investigated by the court below, the following circumstances can be revealed by the court below: (i) the defendant continued the electrical lines of two houses located in the dwelling for the purpose of preventing the resident from living in the dwelling in the dwelling in this case; (ii) the defendant entered the dwelling in this case to separate the heating temperature control unit; and (iii) if the above D et al. were aware of such circumstances, the defendant could not be exempted from the liability for joining the dwelling in this case even if the defendant obtained the resident's permission and entered the dwelling in this case.
In addition, the legal interest of the crime of intrusion of residence is de facto peace of residence.