[1] In a case where a right holder intrudes on a structure as a means of self-help as an exercise of his/her right, the nature of the crime of intrusion upon residence (affirmative)

[2] The case holding that the act of damaging the keys of the greenhouse owned by another person and entering the said place constitutes the crime of causing property damage and intrusion upon residence

[1] Article 319 of the Criminal Act / [2] Articles 319 and 366 of the Criminal Act

[1] Supreme Court Decision 85Do122 delivered on March 26, 1985 (Gong1985, 660)

Defendant

Defendant

Attorney Ha Jong-ro

Seoul Eastern District Court Decision 2006No605 Decided September 21, 2006

The appeal is dismissed.

The grounds of appeal are examined.

Since the crime of intrusion upon residence is de facto protected as a legal interest to protect the peace of residence, the issue of whether a resident or a guard has the right to reside in a building, etc. does not depend on the establishment of a crime, and even if a person who has no right to possess occupies it, peace of residence should be protected. Thus, even if a right holder intrudes into a building as a means of self-help as an exercise of the right, the crime of intrusion upon residence should be established (see Supreme Court Decision 85Do122, Mar. 26, 1985, etc.).

In the same purport, the court below affirmed the judgment of the court of first instance which found the defendant guilty on the ground that the defendant's act of destroying the keys of the instant vinyl and entering the said greenhouse without permission constitutes the crime of causing property damage and intrusion upon residence, even though the defendant has the ownership of the instant vinyl, so long as the victim occupied the instant vinyl from the Nonindicted Party, the defendant's act of destroying the keys of the said vinyl and without permission constitutes the crime of causing property damage, and it shall not be deemed that there was an error of law that affected the conclusion

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Kim Hwang-sik (Presiding Justice)