The crime of intrusion upon a house or residence possessed by the execution of a life tag;

Even if an order to surrender a room is due to a judgment of an illegal lawsuit, it cannot be exempt from the so-called "violation of illegality" that intrudes on the electric room in his possession, as long as the person has obtained possession of the room lawfully by the execution of the order.

Article 319 of the Criminal Act

Defendant 1 and one other

Seoul High Court, Seoul High Court, Seoul High Court, etc.

Comprehensively taking account of the evidence cited in the original judgment, even if it is sufficient to recognize the fact of the crime of intrusion upon residence by Defendant 2 on the part of the defendant 2, and even if the defendant 2 temporarily leaves the room, the possession of the room is the same as that of the defendant, so long as the non-indicted 1 acquired possession of the room by the execution against the defendant, even if the whole house belongs to the management of the defendant 1, the so-called "the defendant's intrusion on the electrical room in possession of the non-indicted 1" can not be avoided. This house is not owned by the non-indicted 2, but it is not possible for the defendant 2 to acquire the possession of the house on the part of the non-indicted 2, and it is a place where the defendant 2 resides in the electrical room, and even if the lawsuit against the defendant was erroneous in the misunderstanding of the party, and even if the execution of the lawsuit against the non-indicted 2 was due to the judgment of illegality of the execution of the execution of the lawsuit against the piracy, it should be protected.

Justices Kim Jong-soo (Presiding Justice)