The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal G is as follows: (a) on February 1, 201, Busan Young-gu E apartment No. 301 et al.; (b) 301 et al.

Since 301 units were transferred by the successful bidder of the case in the name of Kaman I, the defendant has the right to move into 301 units at any time, and at the time of the crime of this case, the defendant is a legitimate resident at 301 units.

The J residing in No. 301, asserting that the Defendant was occupied by the Defendant, had already been a director at the time of the instant case, and there was no right to reside in No. 301 from the beginning.

Therefore, as long as the defendant illegally occupied the real estate in this case for the purpose of exercising the right of retention against G's will who is a legitimate resident, the crime of intrusion was established against the defendant, the judgment of the court below which acquitted the defendant of the facts charged of this case, is erroneous

2. Determination

A. The summary of the facts charged in the instant case was a person who engages in construction business with the trade name of “D” in Suwon-gu, Busan. From February 14, 2011 to August 31, 201, the Defendant illegally occupied the victim’s residence by entering the above 301, which was the victim’s residence, and illegally occupied the victim’s residence, on the ground that he/she exercised the lien on the ground that he/she had a total of KRW 370 million in the cost of interior works, electricity and water supply works, and interior and outside works as the secured claim.

B. The key issue of the instant case and the judgment of the court below 1) The key issue of the instant case is whether the Defendant, against the will of G, the actual owner of 301 at the time of the instant case, can be viewed as a crime of intrusion upon residence under the Criminal Act; i.e., whether G actually undermines the peace of residence of G with respect to 301. The judgment of the court below on this issue is as follows.

The judgment of the court below is a crime of intrusion upon a person's residence against the person's will, where the crime of intrusion upon a person's residence is a crime of de facto peace of residence.