@article{ART003274429},
author={Hong, Tae-Seok and Kwon, Yang-Su},
title={Establishment of the crime of housebreaking and entering the parking space of a detached house - Based on the Osaka High Court's July 16, 2021 -},
journal={Legal Theory & Practice Review},
issn={2288-1840},
year={2025},
volume={13},
number={4},
pages={517-544}
TY - JOUR
AU - Hong, Tae-Seok
AU - Kwon, Yang-Su
TI - Establishment of the crime of housebreaking and entering the parking space of a detached house - Based on the Osaka High Court's July 16, 2021 -
JO - Legal Theory & Practice Review
PY - 2025
VL - 13
IS - 4
PB - The Korea Society for Legal Theory and Practice Inc.
SP - 517
EP - 544
SN - 2288-1840
AB - Article 319(1) of the Korean Criminal Act provides that “A person who intrudes upon another’s residence, building under management, vessel, aircraft, or occupied room shall be punished by imprisonment for not more than three years or by a fine not exceeding five million won.” This provision sets forth the statutory elements of the so-called crime of housebreaking (trespass upon residence). As described in the provision, the objects of intrusion include a residence, building, vessel, aircraft, or occupied room. Judicial precedents have also recognized that shared or common areas—such as stairways, corridors, basements, gardens, elevators and common stairways in apartment buildings—can fall within the scope of “residence.” This raises the question of how to treat parking lots, which may also be considered common facilities. Since parking lots are facilities used by the residents of a building, it is debatable whether a non-resident’s unauthorized entry into such a facility constitutes the act of intrusion punishable under this offense. Although parking lots are generally accessible to an unspecified number of people, underground parking lots in apartment complexes are typically used only by residents. Therefore, if a non-resident enters such an area with intent to intrude, the crime of housebreaking may be established.
However, in cases such as when a person merely passes through a piloti-type building’s parking area to take a shortcut, or when one enters a parking lot only as a preliminary step to an intended intrusion, it must still be examined whether such acts amount to “intrusion” under this offense. Accordingly, this paper examines Japanese judicial precedents concerning entry into parking lots to determine whether such acts can constitute intrusion for the purposes of the crime of housebreaking.
KW - Crime of housebreaking;Residential area;Surrounding area;Objects of housebreaking;The case of Japanese criminal law
DO -
UR -
ER -
Hong, Tae-Seok and Kwon, Yang-Su. (2025). Establishment of the crime of housebreaking and entering the parking space of a detached house - Based on the Osaka High Court's July 16, 2021 -. Legal Theory & Practice Review, 13(4), 517-544.
Hong, Tae-Seok and Kwon, Yang-Su. 2025, "Establishment of the crime of housebreaking and entering the parking space of a detached house - Based on the Osaka High Court's July 16, 2021 -", Legal Theory & Practice Review, vol.13, no.4 pp.517-544.
Hong, Tae-Seok, Kwon, Yang-Su "Establishment of the crime of housebreaking and entering the parking space of a detached house - Based on the Osaka High Court's July 16, 2021 -" Legal Theory & Practice Review 13.4 pp.517-544 (2025) : 517.
Hong, Tae-Seok, Kwon, Yang-Su. Establishment of the crime of housebreaking and entering the parking space of a detached house - Based on the Osaka High Court's July 16, 2021 -. 2025; 13(4), 517-544.
Hong, Tae-Seok and Kwon, Yang-Su. "Establishment of the crime of housebreaking and entering the parking space of a detached house - Based on the Osaka High Court's July 16, 2021 -" Legal Theory & Practice Review 13, no.4 (2025) : 517-544.
Hong, Tae-Seok; Kwon, Yang-Su. Establishment of the crime of housebreaking and entering the parking space of a detached house - Based on the Osaka High Court's July 16, 2021 -. Legal Theory & Practice Review, 13(4), 517-544.
Hong, Tae-Seok; Kwon, Yang-Su. Establishment of the crime of housebreaking and entering the parking space of a detached house - Based on the Osaka High Court's July 16, 2021 -. Legal Theory & Practice Review. 2025; 13(4) 517-544.
Hong, Tae-Seok, Kwon, Yang-Su. Establishment of the crime of housebreaking and entering the parking space of a detached house - Based on the Osaka High Court's July 16, 2021 -. 2025; 13(4), 517-544.
Hong, Tae-Seok and Kwon, Yang-Su. "Establishment of the crime of housebreaking and entering the parking space of a detached house - Based on the Osaka High Court's July 16, 2021 -" Legal Theory & Practice Review 13, no.4 (2025) : 517-544.
