The defendant shall be innocent.

1. On May 7, 2012, the Defendant entered the apartment house in which the victim D (Woo, age 49) was living, Seo-gu, Daejeon, Seo-gu, Daejeon, Seoul apartment on May 7, 2012.

At this point, it was difficult to avoid an disturbance between about 40 minutes, such as "the deceased, unless the door is opened."

Therefore, it intrudes upon the victim's residence against the victim's will and harms peace.

2. On this determination, the defendant and his defense counsel asserted that the above apartment corridor in which the defendant entered does not fall under the residence, and even if the above corridor falls under the residence, the defendant's entry into the above corridor does not constitute the crime of intrusion upon residence because it does not go against the intention of the person who is the dwelling.

First, we examine whether the corridor of the above apartment is a residence, and in the crime of entering a residence, the above summary including the house itself, not merely refers to the house itself, but the above summary including the garden, etc. Therefore, the stairs and corridor used for public use in apartment houses such as multi-household houses, multi-household houses, apartment houses, and apartment houses are essential parts for each household or household used as a residence, and there is a need to protect the peace of the residence in which the residents are planned to monitor and manage in their daily lives and it is necessary to protect the peace of the actual residence. Thus, barring any special circumstance, it constitutes "human residence" which is the object of the crime of entering a residence.

(See Supreme Court Decision 2009Do3452 Decided August 20, 2009). Thus, we cannot accept the assertion that the defendant and his defense counsel do not constitute a residence.

In this regard, the defendant and his defense counsel commenced an act including actual risk of intrusion only by taking the first type of the house in order to verify whether there is a person in the apartment subject to intrusion.

or may be deemed to have committed an act which includes an objective risk of infringing de facto peace of residence.