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| TITLE | Supreme Court en banc Decision 2020Do12630 Decided September 9, 2021 【Intrusion into Residence】 [full Text] |
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| Summary | |
| [1] In a case where a nonresident entered a shared residence by an ordinary means of entry, upon actual permission of a resident who was present in the premise of the residence, while some of the coresidents were absent, and such an entry was in violation of the presumed intention of the absent resident, whether the crime of intrusion into another person’s residence is considered to have been committed (negative) [2] In the case where the Defendant entered an apartment cohabited by Party A and Party B, through an entrance door Party B opened, for the purpose of having an extramarital sexual relationship with Party A’s wife, Party B, while Party A was absent, the case holding that: (a) insofar as the Defendant entered the property by an ordinary means of entry upon actual permission of Party B, the Defendant did not enter the residence in the manner of disturbing a de facto state of peace and quiet of a residence, and therefore, the Defendant cannot be considered to have intruded into the residence; and (b) even if the Defendant’s entry into the residence is presumed to be in violation of the intention of Party A who was absent at the time, such discrepancy does not affect whether the crime of intrusion into another person’s residence is established | |
