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The defendant shall be innocent.
Reasons
1. The summary of the facts charged is that the Defendant: (a) was engaged in construction business with the trade name of “D” in the Busan Suwon-gu, Busan-gu, the Defendant illegally occupied and infringed upon the victim’s residence by entering the said KRW 301,00,000,000 as the secured claim, on the ground that he/she exercised the lien against “F” as the interior construction of the said apartment; (b) electricity and tap water construction; and (c) construction cost for the interior and outside of the Republic of Korea as the secured claim; and (d) he/she illegally occupied the victim’s residence, and (e) infringed upon the victim’s residence.
2. The crime of intrusion upon residence is a crime in which the protected legal interest is the peace of the residence, and is established when a person’s residence is invaded against the will of the person having the right to residence. In order to be recognized as the charge of this case, it should first be premised on the structure in which the person’s dwelling or management is the victim’s dwelling or management.
However, the evidence submitted by the prosecution alone had the victim resided in the real estate of this case during the period stated in the facts charged.
or the management of the above real estate is difficult, and there is no other evidence to acknowledge it.
3. According to the conclusion, the facts charged in the instant case constitute insufficient proof of the crime, and thus, acquitted under the latter part of Article 325 of the Criminal Procedure Act.