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(영문) 대법원 2021.01.14 2017도21323
건조물침입
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. A. The crime of intrusion on a structure is established by intrusion on a structure contrary to the intention of a manager of the structure, since the crime of intrusion on a structure is practically protecting the peace of the structure.

Even if a person who has access to a building is permitted due to the relationship with a resident or manager of the building, if the act of entering the building was committed even though it is against the explicit or presumed intention of the resident or manager, a crime of intrusion on the building is established (see, e.g., Supreme Court Decision 2012Do976, Apr. 12, 2012). (b) former Housing Act (wholly amended by Act No. 13474, Aug. 11, 2015; hereinafter “former Housing Act”) provides for the project owner who has constructed the apartment house to notify the occupants of the fact and to request the management manager to autonomously manage the apartment house or to entrust the management of the building (Article 43(1) and (2)), and Article 43(3) of the Act provides for the head of the competent Si/Gun/Gu to organize and operate the apartment house within three months from the date on which the occupant receives such request, and to notify the project owner of the method of resolution and to report it to the head of the competent Si/Gun (2).

Article 43(8)2 of the former Enforcement Decree of the Housing Act (wholly amended by Presidential Decree No. 27444, Aug. 11, 2016; hereinafter “former Enforcement Decree of the Housing Act”) shall be comprised of at least four occupants’ meetings pursuant to Article 43(8)2 of the former Housing Act, and the representative of each building shall be comprised of a representative elected according to the constituency prescribed by the Rules on Management of Multi-Family Housing (hereinafter “Management Rules”) under Article 44(2) of the former Housing Act in proportion to the number of households of each building (hereinafter “representative of each building”). The representative of each building shall be as of the date of public announcement of the election of representatives of each building (Article 50(1));

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