The defendant shall be innocent.

1. The victim B is a person residing in Eunpyeong-gu Seoul Metropolitan Government, and the defendant is a project owner who constructs new buildings next to the above victim's residence.

On July 14, 2018, around 09:40 on July 14, 2018, the Defendant opened a temporary screen, which separates the construction site and the victim's residence from the Do that had been constructing a new building in the vicinity of the location, and invaded the victim's residence.

2. Determination

A. In the crime of intrusion upon residence, “residential” includes the summary of the crime of intrusion upon residence, which clearly reveals that the manager, as the surrounding land adjacent to the house does not merely refer to the house itself, is provided with door and fence on the boundary between the outside and the outside, and it is objectively evident that the land is provided for the use of the house and it is impossible for the outside to access without permission.

(see Supreme Court Decision 2017Do16073, Dec. 13, 2017). Even in cases of adjoining land contributing to the use of a building, if the land is an adjoining land, the boundary of which can be easily exceeded due to ordinary walking, because there is no partition or control by human resources or physical facilities, etc., it is difficult to view that the entry by the outside person is generally restricted, and it is reasonable to view that such land does not belong to the object of the crime of intrusion, barring any special circumstances.

(See Supreme Court Decision 2009Do14643 Decided April 29, 2010). B.

The following circumstances revealed by the record, namely, ① the passage (hereinafter “instant passage”) indicated in the facts charged between Eunpyeong-gu Seoul Metropolitan Government building and the victim living together with the said D building (the lot number indicated in the facts of prosecution is a clerical error, on the other hand, the building and land of the victim’s residence are owned by E), in which the Defendant was living together with the new building, was removed by mutual agreement on April 30, 2018, and the said boundary fence was later removed, and thereafter, until July 14, 2018.