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The defendant shall be innocent.
Reasons
1. The summary of the facts charged was around 14:00 on May 25, 2018, the Defendant came to the residence of the victim D, Seongdong-gu B apartment, and C, Changwon-si, Sungwon-si, and the victim D, and went to the ward without obtaining the victim’s permission, and infringed upon the victim’s residence through the entrance of the victim’s residence.
2. The crime of intrusion upon residence is established as a result of undermining the peace of other residents' dwelling, namely, the control and management of other residents' dwelling, even if one person has given consent, if it is directly or indirectly contrary to the intention of other residents.
If a husband enters a residence with the permission of the wife's wife's temporary absence, even though the wife's consent was given, entering the residence for the purpose of adultery is contrary to the husband's will. In such a case, the crime of intrusion upon residence is established.
(see, e.g., Supreme Court Decision 83Do685, Jun. 26, 1984). The same applies to cases where a person enters a residence for the purpose of committing an unlawful act that does not reach the adultery.
In light of the following circumstances acknowledged by the evidence in this case, it is difficult to view that the evidence submitted by the prosecutor, including the complainant’s statement and field photo, was proven without reasonable doubt that the accused committed an act with E, the husband of the complainant, or went to the complainant’s residence for the purpose of doing so, on the date and time indicated in the facts charged. Such judgment does not affect even if considering all the circumstances, such as E and the Defendant’s usual relationship.
In addition, even though the defendant's entry into the above apartment result against the complainant's will, as long as it cannot be readily concluded that the defendant's entry into the above apartment for the purpose of misconduct with E, it is difficult to conclude that the defendant had the intention to inflict upon the defendant's residence against the complainant's will.