The sentence of sentence against the defendant shall be suspended.

A. The entry of the defendant into the victim's residence at the time of misunderstanding of the facts or misapprehension of the legal doctrine does not go against the victim's will, and thus, it does not constitute an intrusion upon the victim's residence, and furthermore, constitutes the victim's constructive consent or a justifiable act.

Nevertheless, the judgment of the court below which found the defendant guilty is erroneous by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The lower court’s punishment (an amount of KRW 500,000) against the Defendant for the wrongful assertion of sentencing is too unreasonable.

2. The court below rejected the above assertion in detail, on the ground that the defendant alleged the same purport as the grounds for appeal of this case in the court below's determination as the grounds for appeal of this case, and on the grounds that "the determination of the defendant and the defense counsel's assertion" was stated in the judgment.

Examining the following facts in light of the reasoning of the lower court’s duly admitted and examined evidence, it is clear that the Defendant’s entry into the victim’s residence constitutes an intrusion against the victim’s intent, and cannot be deemed as having obtained the victim’s constructive consent or an act constituting a justifiable act.

Therefore, the judgment of the court below is correct, and there is no error of misunderstanding of facts or of misunderstanding of legal principles as the defendant pointed out.

The defendant entered the residence of the victim to confirm the male who had been accompanied by the victim.

However, in light of the circumstances revealed by the court below, such purpose alone cannot be a reason to justify the infringement of the right of interest, which is the peace of the victim's residential life, and it is difficult to view that the above act by the defendant is reasonable in the means and method, and such intrusion of residence was an urgent and inevitable means.

shall not be deemed to exist.

“”

3. Sentencing.