"Husband's Unauthorized Entry into Master Bedroom Deemed Unpleasant: Guilty Verdict Overturned on Appeal"

Husband Charged for Searching Room
From Guilty in First Trial to Not Guilty in Second
"Husband Is Co-Occupant of Master Bedroom"

A husband who was sued by his wife of over 25 years for 'unauthorized entry into the master bedroom' and received a suspended prison sentence in the first trial was acquitted in the appellate court.

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On the 9th, the Criminal Division 4 of Gwangju District Court (Chief Judge Jeong Young-ha) overturned the original verdict and acquitted husband A (50), who was sentenced to three months in prison with a one-year suspension in the first trial for the charge of unauthorized room search.

A was prosecuted for unlawfully entering and searching the master bedroom on the second floor of a house located in Suncheon, Jeollanam-do, at around 2:18 a.m. on March 19, 2021.

The complainant was A’s wife, B. At the time, A entered the master bedroom where his wife was sleeping to find his car keys and bankbook.

B woke up to the noise of A searching through the belongings and filed a complaint, claiming that she was living an 'independent life' in the master bedroom and that her husband, from whom she was separated, had secretly intruded.

First Trial Guilty: "Husband is not a co-occupant of the master bedroom" → Second Trial Not Guilty: "Possibility of partial restriction of privacy"

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The Suncheon Branch of Gwangju District Court, which handled the first trial, ruled in favor of B, stating that even if they had joint residential rights to the building, considering their living arrangements, it was difficult to view A as a co-occupant of the master bedroom. Under current law, the charge of unauthorized room search only allows for a prison sentence, so A was sentenced to a suspended prison term.

However, the appellate court judged, "When multiple people jointly manage a single room, privacy inevitably faces some restrictions, and co-occupants are considered to have formed a joint occupancy relationship with mutual consent."

It further explained, "Unless there are special circumstances, other co-occupants cannot prohibit free access to and use of the shared living space, and the act of searching cannot be regarded as illegal or unlawful."

The appellate court stated the sentencing rationale, "Although the defendant and the victim had filed for divorce before this incident, no concrete agreements regarding child custody, property division, or other matters related to the dissolution of marriage had been reached at that time. Considering various factors, it is reasonable to view the room as jointly occupied by both parties."

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