A. In the misapprehension of the facts and legal principles, the Defendant’s finding the victim C, thereby enjoying the first class of the victim’s residence more than several times before 302, which is the place of his residence, and did not have a door or height. The Defendant was in an open corridor, and did not enter the victim’s house, and thus, did not constitute a crime of intrusion upon residence.

The judgment of the court below which found the defendant guilty is erroneous in the misapprehension of facts and legal principles.

B. The sentence of the lower court’s unfair sentencing (an amount of KRW 500,000) is too unreasonable.

2. Determination

A. (1) Determination on the assertion of misunderstanding the facts and misapprehension of the legal principles (1) In the crime of intrusion on residence, the residence does not simply refer to the house itself, but includes the summary of the residence, including its capacity

Therefore, an elevator used for public use in multi-family housing, such as a multi-household house, multi-household house, apartment house, apartment house, etc., and an elevator, stairs, and corridor are naturally annexed to each household or household used for residential purpose, and are planned to monitor and manage in daily life and to protect de facto residential peace. Thus, barring any special circumstance, an elevator inside multi-family housing such as multi-household house, multi-household house, multi-household house, apartment house, apartment house, etc., and an elevator, common stairs, and corridor constitute a "human's residence," which is an object of a residential intrusion, and intrusion against the explicit and implied intent of the resident at the above place constitutes a crime of intrusion upon residence (see Supreme Court Decision 2009Do435, Sept. 10, 200). However, the circumstances acknowledged by the evidence duly adopted and examined by the court below, i.e., the victim, at the investigative agency and court, and at the same time, the victim, who expressed his intention or contact with the defendant several times, but refuses to drinking.