A. misunderstanding the facts and legal principles, the Defendant entered the victim’s house with the direction of the J, i.e., the victim’s son; the victim’s house was not installed with a wall or gate, making it difficult to clearly distinguish the boundary; and the Defendant did not have any special act detrimental to the peace of residence.

Therefore, the defendant's act of entering the victim's house does not constitute a crime of intrusion upon residence, and there was an intentional intrusion on residence of the defendant.

shall not be deemed to exist.

Even so, the lower court erred by misapprehending the legal doctrine regarding the crime of intrusion upon residence or by misapprehending the legal doctrine regarding the finding of guilty of the facts charged of this case.

B. The punishment sentenced by the lower court (one million won in penalty) is too unreasonable.

2. Determination

A. 1) The lower court found the Defendant guilty of the instant facts charged by recognizing the credibility of the testimony after directly examining the victim I and the J as witness.

2) In light of the following circumstances acknowledged by the court below’s duly adopted and investigated evidence at the court below’s judgment, it is proper that the court below found the Defendant guilty of the facts charged of this case. In so doing, the court below did not err by misapprehending the legal principles on the crime of intrusion upon residence or by misapprehending the legal principles on

(1) The crime of intrusion upon residence is a de facto legal interest protected by the law, and if a resident has committed a crime to the extent that it may harm the peace of a de facto residence enjoying, the constituent elements of the crime are satisfied, and a residence is called a residence in the crime of intrusion upon residence.

The term “house” does not merely refer to a house itself, but includes the above summary (see Supreme Court Decision 2001Do1092 delivered on April 24, 2001, etc.). ② A witness I, as alleged by the Defendant, commits the instant crime.