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Reasons
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(영문) 울산지방법원 2015.09.22 2015노645
주거침입등
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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The office of the case of mistake of facts is the office of the (ju)J, the defendant, and the lessee of the above office is the defendant, so the defendant is the lawful possessor of the above office. Thus, the defendant's entry into this office cannot be said to infringe upon his residence. Since the computer of this case is the office supplies that the defendant transferred from D while establishing the (ju)J, and the computer of this case is the office supplies that the defendant transferred from D, it cannot be viewed as larceny even if the defendant brought about the computer of this case.

Even if the owner of the computer of this case is D, the defendant did not have any intention to steals another's property.

Nevertheless, the judgment of the court below which found the defendant guilty on the charge of residential intrusion and theft is erroneous in the misconception of facts.

B. The sentence (one million won of fine) imposed by the lower court is too unreasonable.

2. Determination

A. (1) The summary of the facts charged in the instant case and the summary of the facts charged in the instant case’s determination of the lower court are as follows: (a) around 17:00 on January 11, 2014, the Defendant: “Around 17:00, the Defendant opened the entrance door at the office of the victim D(52) of the victims of the second floor, Nam-gu, Ulsan-gu, Seoul, Seoul, and stolen the amount equivalent to KRW 1,500,000,000,000,000,000 won.” In addition, the lower court found the Defendant guilty of the facts charged by taking account of each of the evidence as indicated in its holding.

(2) With regard to the decision of this Court, the legal interest of the crime of intrusion upon residence is the peace of the residence of a person against his/her will, if the consent of one person is directly or indirectly contrary to the intention of the other resident, and the consent of one person is contrary to the peace of the residence of the person against his/her will.

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