The defendant shall be innocent.

1. The summary of the facts charged is the defendant, who is the representative of the B hotel at Seogpopo City B, and the victim C was working as the head of the guest room team at the above hotel.

On January 12, 2020, the Defendant: (a) stated that the attitude of the victim, who is an employee, is unfaithful; (b) stated that the victim was dismissed; (c) notified the victim of dismissal; and (d) entered the above hotel accommodation D, which the victim used while working without the victim’s consent; and (d) deducted the victim’s bags, clothing, etc. from the warehouse of the first floor of the hotel.

In other words, the victim violated the victim's residence.

2. The Defendant and his defense counsel asserted that the Defendant entered the dormitory to be managed (organization and preparation of other employees) by the dismissed complainants, and thus there was no intention to intrude upon residence, or this does not violate social rules.

3. Where the person enters the residence of another person contrary to the intention of the resident, the crime of intrusion upon the residence is established;

means not only explicit cases but also implied cases, but also that it may be presumed that the dissenting opinion of the resident may be inferred depending on the surrounding circumstances (see Supreme Court Decision 92Do455 delivered on March 23, 1993). However, the following circumstances recognized by the records of this case, i.e., Rule B of Dormitory Rules of B ( dormitory management) are as follows:

2. A company manager shall have the keyss of each room, and if necessary, such as building management, repairs, reorganization and evacuation of a dormitory, he/she may enter the room, and the occupant may not refuse such entry;

Article 7 (Time Limit for Occupancy)

2. An occupant shall remove his/her belongings, clothing, etc. from all sides of a lodging on the date of his/her retirement, and a manager may transfer the article to another place on the date of his/her retirement.

According to the interpretation of subparagraph 2 of Article 6, a manager shall allow the entry of dormitories at will if necessary, and according to the interpretation of subparagraph 2 of Article 7 of the same rules, the manager shall be the occupant's goods in the dormitory room on the date of the tenant's retirement.