The defendant shall be innocent.

1. The summary of the facts charged and the victim C were neighboring land. On November 19, 2014, around 19:00, the Defendant and the victim C were investigated as a case of complaint related to the sale and purchase of village reservoir in the street in the front of the Da in Sung-si, Da, and during that process, the victim committed assault and assault against the Defendant.

On December 13:00 to 14:00 on December 2014, 201, the Defendant entered the victim’s house located in E in e in order to find any item used by the victim at the time of assault and intrude into the residence.

2. In the crime of intrusion upon residence, “building”, which is the object of the crime of intrusion upon residence, includes not only the building itself, but also the summary of the building attached thereto within a strict sense in light of the fact that the crime of intrusion upon residence actually protects the peace of residence. However, it is objectively revealed that the above summary is objectively evident that the land adjacent to the structure, which was installed with a fence, is provided for use by the outside and the boundary of the structure, and is not accessible by the outside.

Therefore, even if land annexed to a building, which contributes to the use of the building, is the land annexed to the building, if the boundary of the building can be exceeded easily by means of ordinary walking because there is no partition or control by human resources or physical facilities, it is difficult to view that the outside person's access is restricted objectively and clearly. Thus, it is reasonable to deem that such land does not belong to the object of the crime of intrusion upon residence, barring any special circumstance

(see, e.g., Supreme Court Decision 2009Do14643, Apr. 29, 2010). As to the instant case, the following circumstances acknowledged by the records of the instant case, namely, the victim’s closing party’s residence is adjacent to the village road, allowing direct access to the road. The above road and the victim’s closing party’s residence are the doors, fences, and other human and physical facilities that control the victim’s access to the road.