According to Article 383 subparagraph 4 of the Criminal Procedure Act, only a case on which death penalty, imprisonment with or without prison labor for an indefinite term or for not less than ten years has been pronounced, an appeal may be filed on the ground that the judgment of the court below has influenced the judgment

Therefore, in this case where a fine is imposed against the defendant, the argument that the defendant did not intrude into the victim's residence and that the court below's fact-finding is not a legitimate ground for appeal.

Furthermore, in light of the evidence duly adopted by the lower court and the first instance court, the lower court did not err by misapprehending the legal doctrine as otherwise alleged in the grounds of appeal.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.