beta
Text
The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is that the victim, in fact, has the right to residence of the apartment of this case with the husband's interest, and the defendant was aware of the marriage of this case and all the circumstances.
Since it is reasonable to see that there was an intentional intrusion on residence.
must be viewed.
Nevertheless, the judgment of the court below which acquitted the defendant is erroneous, which affected the conclusion of the judgment.
2. Determination
A. The summary of the facts charged and the summary of the judgment of the court below 1) The Defendant, around 21:56 on December 6, 2014, went into the house of the victim victim D, 106 Dong-si, 106, and 801 on December 6, 2014, and the victim maintained an inappropriate relationship with E, which is the wife of the victim, who was the victim’s wife who was living in the workplace, and then entered the house through the door of the entrance from January 16, 2015 to January 16, 2015, went into the house of the victim for 38 times as shown in the list of crimes in the attached Table of the court below.
2) In full view of the circumstances stated in its reasoning, the lower court acquitted the Defendant on the ground that the evidence submitted by the prosecutor alone insufficient to recognize that the victim was a person with a right to housing of the instant apartment, and that it is insufficient to recognize that the Defendant was aware of the fact that the instant apartment was a person with a right to housing other than E.
B. According to the Criminal Act, the legal interest in the crime of intrusion upon residence is not a legal concept, but a right to enjoy peaceful living in a private living relationship as a freedom and peace of residence. However, in a case where there are multiple persons with a right to residence, the consent of one person is contrary to the intention of another resident directly or indirectly, access to the residence is a result of impairing peace in the residence of a person against his/her will, i.e., peace in the control and management of the residence, and therefore, the crime of intrusion upon residence is established (see Supreme Court Decision 201Da1548, Apr. 1