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The defendant shall be innocent.
Reasons
1. On September 22, 2016, the Defendant infringed upon the victim’s residence by passing through the stairs of self-feassium, leading the victim to the house and leaving the house at around 22:20 on September 22, 2016, on the part of the victim D(68) located in Geumnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, for the reason that the victim coming out of the drainage way to some of the Gemangs of the sublime located in the victim, thereby obstructing the entry of the vehicle.
2. The defendant asserts that the investigative agency had consistent from the victim's office to this court, and that there was no fact of entering the victim's office inside and outside of the victim's house only from the stairs outside the victim's office to the victim's house.
3. Determination
A. In the crime of intrusion upon residence, the “building”, which is the object of the act of intrusion, includes not only the building itself, but also the summary of the above attached thereto in a strict sense in light of the fact that the crime of intrusion upon residence is practically a legal interest to protect the peace of residence. However, the above summary should be clearly revealed from the objective point of view that the land adjacent to the structure is installed by a fence, etc. on the boundary with the outside, and is provided for use of the structure, and that the outside is not allowed to have access without permission.
Therefore, even if land annexed to a building, which contributes to the use of the building, is the land annexed to the building, if the boundary of the building can be easily exceeded due to the lack of partition or control by human resources and physical facilities, it is objectively clear that the entry of the outside person is restricted.
It is difficult to see it as being an object of a residential intrusion unless there are other special circumstances (see Supreme Court Decision 2009Do14643, Apr. 29, 2010). (b) According to the record, the stairs leading to the victim’s house are the door, fence, and other physical materials that control their entry.