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The defendant shall be innocent.
Reasons
1. The summary of the facts charged is that the Defendant, as a lessor of the studio B in Gwanak-gu in Seoul Special Metropolitan City, went into the victim’s residence against the victim’s will, such as: (a) the Defendant opened the studio 301 of the above studio 301, residing in the victim C ( South, the 33 years old) who is a lessee on November 7, 2016, using the mazy and was in the custody of the studio 301, and invaded the victim’s residence against the victim’s will.
2. Determination:
A. Although the Defendant entered the victim’s room as stated in the facts charged, the Defendant was aware of the victim’s password in advance, so the victim consented.
The argument is asserted.
B. The following circumstances revealed from the records of this case, i.e., ① the victim first stated at the police that “the defendant has opened and entered the door to Masky” (the third page of the evidence record), but later changed the statement that “the defendant obtained a password (the fourth page of the evidence record)” (the fourth page of the evidence record), and ② the victim accused the defendant as a residence intrusion upon the defendant at the time one year and two months have passed since the case occurred, and there was a dispute over the return of the deposit with the defendant at the time of the complaint, ③ the defendant was under dispute upon the return of the deposit with the defendant. ③ The defendant was using a password to find a new tenant of the room in which the victim resides, and the victim was called to the victim to verify the victim’s protection, but the victim did not receive the phone, and then entered the password after entering the room on June 30, 2016.” The victim notified the defendant of the fact that he would leave the lease contract at the time of termination.
8. 31. The Defendant appears to have known that the password was entered the place of residence with the consent of the victim, considering the fact that the password was transmitted in writing (the page 22 of the evidence record) and these facts correspond to the Defendant’s assertion, and the prosecutor submitted it.