A. The Defendant, misunderstanding the fact, merely entered the victim’s residence by allowing the victim, and did not pose a threat to the victim by entering the family.

However, the lower court found the Defendant guilty of intrusion upon residence and special intimidation, and thus, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

B. The sentence of the lower court’s improper sentencing (two years of suspended sentence in August) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the lower court determined that the victim’s statement is highly reliable on the ground that each of the statements at the police stage, the prosecution stage, and the court of the lower court are consistent immediately after the victim’s case consistent with the facts constituting the crime, and that each of the statements at the time when the injured person testified after being sworn at the court of the lower court, and that each of the statements is consistent with the situation at the time when each evidence was duly adopted and investigated by the lower court was revealed, its location, and the victim’s senior mother-house structure, etc.

2) We differ from the circumstances presented by the court below in light of the evidence duly adopted and examined by the court below, i.e., the following circumstances acknowledged by the court below, i.e.,: (a) the defendant did not know whether he was at the scene at the time of the instant case; (b) the defendant himself acknowledged the fact that he was at the time of the police investigation, which corresponds to the facts charged in the instant case; and (b) the victim at the time of the instant case, at the time, at the time of opening the gap between the victim's cell phone and the victim's cell phone and contacted the mother by telephone, the police was called upon receiving the report of the mother; and (c) the defendant was expressed in the prosecutor's office that the victim reported himself at the time of the instant case.

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