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Defendants are not guilty
Reasons
1. Defendant A, a foundation, is the head of the C Agency D department, and Defendant B is the employee of the aforementioned Agency D department.
On September 19, 2016, the Defendants: (a) known that the victim E, the head of the personnel management team of the aforementioned Agency, holds a recording file held on September 19, 2016; (b) discovered that the victim E, who was the head of the personnel management team, was in possession of the recording file without permission; and (c) infringed upon the victim’s personnel team office at the Promotion Agency Office located in the Daejeon-gu Seoul Special Metropolitan City F Building on September 25, 2
Ultimately, the Defendants jointly intruded on the room occupied by the victim.
2. Determination
A. The crime of intrusion by a room under Article 319(1) of the Criminal Act is established when it intrudes into “the occupied room”, the term “the occupied room” refers to the one actually controlled and managed in a building; the term “the actual control and management” refers to the one in which people are equipped with human and physical facilities to prevent unauthorized intrusion by other persons and can be evaluated as being in fact controlled and managed by people; the actual control and management refers to the one in a building managed only without de facto control and management; and the one in a building managed only without any control and management cannot be the object of this crime; and the whole correction of the building not by correcting the single partition of the building does not constitute such act, unless there are special circumstances.
I would like to say.
B. According to the evidence duly adopted and examined by this court, the defendants were found to have invadedd at a place occupied by the damaged person, as stated in the facts charged, but the defendants and the injured person used the same office, and the defendants and the injured person are classified into a strike within the same office, and the place where the injured person and the injured person worked are classified into a strike, but the victim's working place is classified into a strike, but is open for entry without correction.
(c)
In full view of these facts of recognition, it shall be considered.