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Defendants are not guilty.
Reasons
1. Defendant A is a family head, Defendant B is a male head, Defendant B is a male head, and Defendant E and F is a mother of Defendant A.
Defendant
A, while finding his husband G, who started about six months before her husband G, thought that G was in a relationship with the victim H and that it was an internal relationship. On February 19, 2014, after receiving a written complaint for divorce, A filed 112 report to detect the field of inter-section traffic and sought the house of victim H along with police officers dispatched.
On February 19, 2014, at around 21:00 on February 21, 2014, the Defendants came to the house of the victim H in Seo-gu, Seo-gu, Seo-gu, Daejeon, 105 Dong 705, the Defendants opened a door and opened a door to the police officer to receive confirmation, and the victim H opened a door to the police officer, thereby entering the room of the victim H and her children's children's families.
Accordingly, the Defendants infringed upon the victims’ residence in collaboration with the E and F (Suspension of Prosecution on the same day) and three others.
2. Determination
A. In order to establish the crime of intrusion upon residence, the Defendants must have subjective elements of the crime with the perception and intent to enter the residence of another person against the will of the said person. If the victim’s explicit or implied consent is given, the element of the crime shall be excluded.
B. In light of the above legal principles, it is reasonable to deem that the victim’s explicit consent was given in full view of the following circumstances acknowledged by the health team and the record. In light of the situation at the time of no particular disturbance, the victim J also seems to have not differ from the her mother’s intent.
Even if it is not so, it is reasonable to view that the Defendants did not have any perception that there was no agreement from the victim H, so long as there was consent from the victim H, it would be against the will of the victimJ.
① When the Defendants came to know that Defendant A’s husband (her husband) was in the family of Victim H, the Defendants are suspected of having a relationship with one another.