A. misunderstanding the facts and misapprehension of the legal principles, the Defendant only caused a rumor or dispute in the process of forming the existing lease relationship while receiving the substitute ship delivered erroneously to the victim’s residence, and therefore, the peace in the victim’s residence was broken up to that point.

The lower court found the Defendant guilty of the facts charged, but erred by misapprehending the facts and by misapprehending the legal doctrine.

B. The sentence sentenced by the lower court against the Defendant (an amount of KRW 500,000) is too unreasonable.

2. Determination

A. The crime of intrusion upon residence in a judgment of misunderstanding the facts and misapprehension of the legal doctrine is a de facto legal interest to protect the peace of the residence. Thus, the offender’s body is not necessarily established by entering another person’s residence, which is the purpose of the crime, but only part of the body entered another person’s residence.

Even if a resident has reached the extent of undermining the peace of de facto residence, it shall be deemed that the requirements for organizing the crime have been satisfied (see Supreme Court Decision 94Do2561, Sept. 15, 1995). Circumstances that may be discovered from the evidence duly adopted and investigated by the court below, namely, ① the defendant and his husband were found in the victim’s residence in order to receive the wrong delivery of a house delivered at the late time of 22:20 on the day of the case. At the time of the residence, only the victim and the child for about 18 months may have an uneasiness and boundary sense in the visit of the victim. ② The defendant was in the process of forming the existing lease relationship between the victim and the victim, and the defendant refers to the letter, etc. that was generated in the process of the formation of the existing lease relationship with the victim, and the defendant’s statement that the victim’s husband was a defect in the victim’s view and that the victim’s husband’s entry into the residence is a three-month entry.