A. On the day of the instant case, the misunderstanding of facts: (a) the Defendant sought the victim’s house to talk with the victim’s mother on the day of the instant case; (b) the victim entered the victim’s house; (c) but did not have the mother; and (d) the Defendant sought again at night on the same day, but the door was closed and no response was made to the Nowk.

In particular, as the entrance door where the victim lives is installed, so long as the password is not known, it cannot be absolutely entered unless the defendant opens it within the limit, it cannot be said that the knife of the entrance door that has not been corrected has intruded.

B. The sentence of an unreasonable sentencing (three million won of a fine) by the lower court is too heavy.

2. Determination

A. 1) Comprehensively taking account of the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, the defendant could sufficiently recognize the fact that he invadedd upon the victim's residence against the victim's will on the day of the instant case. Thus, this part of the defendant's assertion is without merit (it is impossible to open within the victim's house door, as alleged by the defendant, because it is installed at the victim's house door, and it is impossible to enter the victim's house on the day of the instant case, even if the victim entered the victim's house during the time of the instant case, he left the door that the defendant would not enter the victim's house at the time as stated in the police investigation process (section 23 of the investigation record). Thus

[2] As to attempted intrusion upon residence, the commencement of the crime of intrusion upon residence does not require part of the elements to be fulfilled, i.e., the act of entering a residential person, manager, or possessor against the will of the dwelling person, manager, or possessor, or entering a management structure, etc., but the act of including the realistic risk leading to the realization of the elements for the crime.