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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (the fact-finding) is that the Defendant: (a) knew of the fact that the victim E did not allow access; (b) instigated the victim-free C to intrude into the victim’s residence; and (c) had the intent to intrude into the victim’s residence to file another civil petition.
2. Determination
A. The summary of the facts charged is a person who operates consulting companies, and C is a person who works as an architectural designer.
On June 11, 2012, the Defendant: (a) around June 11, 2012, around the Defendant’s house located in Gangnam-gu Seoul Metropolitan Government D; (b) sought to verify the height of the actual building at the time to complete the inspection of the completion of the building of the fourth floor located in the F located in Seoul, which the victim E was newly built; (c) requested by the public officials of the Gu office to confirm the height of the said new building and the separation distance between the building adjacent to the said building; and (d) had the public officials of the Gu office at the time of the inspection of the actual inspection, in response to the above public officials of the Gu office, to have the victim interfered with the residence; and (d) had the victim interfered with the building at the fourth floor located in Gangnam-gu Seoul Metropolitan Government F for the new building at around 15:00 on
B. The lower court determined that, in full view of the fact that G, the head of the building team in the Gangnam-gu Office, filed a civil petition against the victim’s newly constructed building in the vicinity of the residence, and that the Defendant participated in the survey at the presence of the Defendant, the evidence alone submitted by the prosecutor alone insufficient to recognize that the Defendant had an intent to intrude into the victim’s residence, other than the intent to participate
C. A thorough examination of the evidence of this case in light of the records, the J, who served in the construction division of Gangnam-gu Office, called “Defendant C” and “I wish to confirm it in lieu of this division.” However, when the Defendant makes this speech, the J, which was put to the victim.