The defendant shall be innocent.

1. On February 2014, the Defendant infringed upon the victim’s residence by opening a locked door to the key possessed by the victim D, who was in front of the room where the victim D, Jongno-gu Seoul Metropolitan Government 208, and moving the victim’s own goods into the warehouse and changing the entrance key.

2. The Defendant and his defense counsel’s assertion is as follows: (a) around January 20, 2014, building No. 208 (hereinafter “No. 208”) indicated in the facts charged that D leased and resided.

When water leakage occurs, D could move to 305 of the above building for repair, and D agreed to move to 305 of the above building and continued to reside in the above building after moving to 305.

Since January 29, 2015 and February 2, 2014, among the 4th of the same month, water leakage phenomenon occurred in 208 over two times during the same month. Accordingly, in order to prevent damage caused by flooding, the Defendant has no choice but to 208 water supply, and replaced the entrance door of 208 to prevent D from re-entry into 208. Ultimately, entry of the Defendant into 208 above constitutes an emergency evacuation.

3. On the basis of the judgment, the evidence produced by the prosecutor alone rejected the Defendant’s above assertion, and it is insufficient to find that No. 208 was the residence of D at the time of the occurrence of the instant case, and that the de facto peace in the residence was infringed due to the Defendant’s act, and there is no other evidence to prove otherwise.

4. In conclusion, since the facts charged in this case constitute a case where there is no proof of a crime, the defendant shall be pronounced innocent under the latter part of Article 325 of the Criminal Procedure Act, but the defendant cannot obtain the consent of the defendant due to his/her absence on the sentencing date, and thus, the public announcement of the verdict of innocence is not ordered