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The defendant's appeal is dismissed.
Reasons
1. With regard to the violation of the Punishment of Violences, etc. Act (joint residential intrusion), the defendant is not allowed to enter the structure possessed by the victim E in order to always have access to the structure. As such, the act of the defendant as stated in this part of the facts charged does not constitute intrusion on the structure.
In addition, with regard to the fact of injury and insult, the act of the defendant as described in this part of the facts charged is a legitimate act.
However, the lower court erred by misapprehending the legal doctrine that found all of the facts charged of this case guilty, or by misapprehending the relevant legal doctrine, thereby adversely affecting the conclusion of the judgment.
2. Determination
A. Determination as to the assertion of misunderstanding of facts and misapprehension of legal principles 1) Since the crime of intrusion upon residence is a de facto legal interest to protect the peace of residence, the resident or manager has the authority to reside in or manage the building, etc., since the crime of intrusion upon residence is a de facto legal interest.
The establishment of a crime does not depend on the establishment of a crime, and even if a person who has access to the building is permitted due to the relationship with the resident or manager, if the act of entering the building was committed in spite of the explicit or presumed intention of the resident or manager (see Supreme Court Decision 2007Do2595, Aug. 23, 2007, etc.). In addition, in the crime of intrusion upon a house, the term "residential or structure" refers to a house not merely refers to a house, but includes the above point. Intrusion means a house is sufficient if the resident or the manager enters the building against the intention of the resident or the manager, and it does not require any resistance (see Supreme Court Decision 2009Do5383, Dec. 10, 209). The following circumstances revealed by the evidence duly adopted and investigated by the court below, namely, ① the purchaser purchases the real estate in an auction procedure and the sale price is paid in full.