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The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
1. The summary of the grounds for appeal (misunderstanding of facts and legal principles) ① the Defendant did not enter the toilet of this case with the intention to commit an unlawful act from the beginning, ② there was no fact that the Defendant changed the cine for women, and even if there was no fact that a part of the body was entered into the cine for women, the lower court erred by misapprehending the fact, or by misapprehending the legal doctrine, thereby convicting the Defendant.
2. On March 31, 2016, the Defendant entered “C” restaurant located in Jung-gu Incheon, Jung-gu, Incheon, into a male-use room in a male-use toilet located in the middle-gu, Incheon, and immediately next female-use female-use room, and changed the appearance of D (one name, half, and twenty-four years old) to the above “C” food and invaded the room managed by the Defendant against the will of the toilet manager E.
3. Determination
A. The crime of intrusion upon a house refers to the legal interest that protects the peace of the house, and the term “infringement” refers to the entry against the will of a resident or manager. Thus, even if a person is permitted to enter the building, if the act of entering the house is reduced despite the expressed or presumed intent of a resident or manager, then the crime of intrusion upon a house is established (Supreme Court Decision 94Do336 delivered on September 15, 1995). In addition, the crime of intrusion upon a house is established when the perpetrator enters the house, and thus, whether it is against the will of a manager should be determined as of the time when the perpetrator enters the house.
Therefore, in order to be found guilty of the facts charged of this case, it is necessary to prove that the defendant entered the toilet with the intention to see the illegal purpose that is against the will of the manager from the beginning.
B. According to the evidence duly adopted and examined by the court below, the following facts can be acknowledged.
(1)