Resident Representative Confronting 'Large Dog Breeding' Accused of Trespassing? [Seocho-dong Legal Talk]

This incident occurred in a villa complex in Jongno-gu, Seoul. On the evening of November 4, 2020, at 8 p.m., A (54, female), the resident representative of this complex consisting of 9 buildings and 120 households, knocked on the door of resident B (72, female). B, who lives on the first floor, usually raised a large dog in the shared spaces of the villa, which led to numerous complaints from other residents. A repeatedly tried to engage in dialogue to resolve the issue, but B consistently refused to meet, saying, "Do not come looking for me."

The photo is unrelated to the article content. [Image source=Pixabay]

That day as well, B’s front door did not open. Enraged, A threw a flowerpot that B had placed on the balcony outside the house at the front door, breaking it. The prosecution judged this as ‘trespassing’ and indicted A. The reason was that A entered B’s residence by passing through the shared entrance door on the first floor of the villa building and the common corridor. In 2009, the Supreme Court ruled, "The common areas of multi-unit housing also qualify as ‘people’s residences’ that must protect the residents’ peace of residence," and stated that entering internal elevators, shared stairs, or corridors of multi-unit housing such as villas and apartments against the resident’s will can constitute trespassing.

A, who became the defendant in the criminal trial, pleaded not guilty in court. She argued, "I only visited to have a meeting with B regarding the large dog breeding issue," and "Although it may be formally considered trespassing, there is a special reason for visiting B, so the crime is not established." However, the first trial court ruled "A is guilty" and sentenced her to a fine of 2 million won. The first trial court stated, "When A visited, no one was home at B’s house. It is recognized that an angry A brought a flowerpot from outside the building and entered up to the front door," and added, "This is not a justifiable act."

A appealed, and the verdict was overturned in the appellate court. According to the legal community on the 27th, the Seoul Central District Court Criminal Appeal Division 1-1 (Presiding Judge Im Jae-hoon) overturned the first trial verdict and recently acquitted A. The court judged that A did not directly trespass into B’s house but merely caused a disturbance by breaking the flowerpot. The court stated, "Based on the evidence presented by the prosecution alone, it cannot be recognized that A’s act of entering the shared entrance and common corridor to B’s front door disturbed the peace of residence of the multi-unit housing residents," and added, "As the resident representative, A has the right to use and pass through the common areas of the villa. At that time, she entered naturally without any improper acts such as being restrained by security guards or forcibly unlocking the shared entrance door’s lock."

Furthermore, the court said, "Since it is difficult to consider that A trespassed into the common areas, the issue of trespassing should be judged only by B’s exclusive area where the flowerpot was thrown and shattered," and "At that time, no one was home at B’s house, so the front door was not open. A did not physically intrude into B’s exclusive area." Since the prosecution did not appeal, the acquittal was finalized as is.