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All appeals filed by the prosecutor against the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Regarding the part of the judgment of the court below which found the defendant not guilty of this part of the facts charged, the court below erred in the misapprehension of legal principles, although the part of the victim's multi-household house's front corridor also constitutes another person's residence which is the object of the crime of intrusion of residence, and the victim's act of impairing the peace of residence is deemed as an act of intrusion of intrusion of residence.
B. The lower court’s sentence on Defendant A of unreasonable sentencing (fine of KRW 500,000) is an unreasonable ground.
2. Judgment on the misapprehension of legal principles
A. The summary of the facts charged and the summary of the judgment of the lower court (1) of the facts charged were jointly carried out by the Defendants, and as a result of the E and parking problems residing in the victim F’s house from June 2012, the Defendants invaded upon the Defendant’s residence by finding out the entrance door in front of the victim’s house in Eunpyeong-gu Seoul, Seoul, as of October 26, 2012, the victim’s house was found to be in front of the victim’s house. In so doing, the Defendants infringed upon the Defendant’s house by setting up the entrance door around the front of the victim’s house in Eunpyeong-gu, Seoul, as of October 26, 2012.
(2) The lower court found the following facts: (a) the instant building is a multi-household house in which 23 rooms face each other when going to the stairs through the entrance of the building; and (b) the Defendants, as residents of the third floor 301, should have access to the Defendants’ house, only 201 dwellings in the second floor and 202 front corridors in the victim’s dwellings through stairs; and (c) the stairs and corridor used for public use in multi-household dwellings are essential parts for each household’s dwellings, and fall under the dwellings of those who are planned to be supervised and managed in daily life by the residents, but the residents of the building in question are free of access to stairs and corridors regardless of the intention of other residents.