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| TITLE | Daegu District Court 2022Noh4680 Decided July 7, 2023: Confirmed 【Intrusion upon Habitation】 [full Text] |
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| Summary | |
| 【Main Issues and Holdings】 In the case where: (a) the defendant (hereinafter the “Defendant”) was indicted, who, in order to build a house near the place of residence of the victim (hereinafter the “Victim”), sought but was rejected permission from the Victim for the use of an access road connected thereto; (b) decided to protest by parking a vehicle in the Victim's yard in its habitation; (c) opened the unlocked entrance to the access road in front of the Victim's house, drove a car to the Victim's home’s courtyard, and (d) parked it there and intruded upon the Victim's habitation, it was held that it is (x) deemed proper that such yard where the Defendant parked his car be considered a landlocked parcel of the habitation of the Victim, and (y) the Defendant entered and parked the vehicle in the yard occupied by the Victim with the intention of intrusion without express or implied consent from the Victim, which constitutes an intrusion that harms the tranquility of the habitation of the Victim. | |
