Access to the corridor, stairs, etc. of a building in which a place of business is located at night, and the nature of a crime of intrusion upon residence (negative)

Among the buildings with places of business, such as a multi-facey room, a billiard room, and a reading room, the stairs and corridor used for public use are places where anyone can freely pass without the explicit consent of the manager. Therefore, it is reasonable to view that the manager has the implied consent of the manager or the owner regarding the entry, except where the entrance door of the first floor is entered into the building for the purpose of crime, unless the manager especially correctss the entrance door of the first floor, it does not constitute a crime of intrusion upon residence.

Article 319 of the Criminal Act

Defendant

Prosecutor

Daegu District Court Decision 84No1139 delivered on October 5, 1984

The appeal is dismissed.

The prosecutor's grounds of appeal are examined.

In full view of the evidence as to the facts charged in entering the dwelling of the defendant, the defendant found that there was a fire in the building as stated in the judgment, and set up the second floor and the third floor through the entrance door of the first floor, but only the second floor reading room and the second floor reading room are turned on, and the second floor reading room was not finished and it was decided that the defendant was arrested as the larceny. The stairs and corridor used for public use in the whole building are allowed to freely pass through the house without the explicit consent of the manager, and since the manager was not aware of the above facts, it was not proper to view that the defendant's entry and exit of the above building could not be seen as unlawful, because it was no other than the above abstract, and it was impossible to view that the defendant's entry and exit of the building without the consent of the manager or the owner of the above building, and it was no other way to find that there was a secret and abstract consent of the manager of the above building.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Jeong Jong-tae (Presiding Justice)