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The prosecutor's appeal is dismissed.
Reasons
1. The gist of the prosecutor’s appeal is as follows: (a) there is no evidence to acknowledge the Defendant’s intention of intrusion into another’s residence contrary to the intention of the person’s residence, and (b) there was a risk of infringing the Defendant’s de facto peace and peace of the residents of the above officetels, in light of the fact that the Defendant’s act was sealed out of the officetel without any particular resistance.
In full view of the following circumstances acknowledged by the evidence submitted by the prosecutor, the Defendant was acquitted of the Defendant on the ground that the manager of the instant officetel and the manager of the instant officetel was aware of the fact that the said manager was not allowing the Defendant’s access to the instant officetel, and that the Defendant did not divide a specific conversation with E on the instant officetel when entering the instant officetel, comprehensively taking into account the following circumstances: (a) the Defendant was aware of the fact that the instant officetel had been entering the instant officetel prior to the instant case; and (b) the Defendant did not have a specific conversation with E.
misunderstanding that it was wrong.
It is difficult to see that the defendant had the intention to intrude another person's residence against the will of the person living in contravention of the intention of the person living in the dwelling, and the risk of infringing the person living in the dwelling against the person's will is recognized. Therefore, the judgment of the court below which acquitted the defendant, is erroneous in the misapprehension of legal principles.
2. Whether a resident or a manager has the right to reside in or manage a structure, since the crime of intrusion upon a residence is de facto protected legal interest and protection of the peace of the residence.
Whether or not a crime depends on the establishment of the crime, and a person who has access to the building is permitted due to the relationship with the resident or the manager.