A. The Defendant had no intrusion upon the victim’s residence.

B. The sentence of the lower court’s unfair sentencing (one year of imprisonment) is too unreasonable.

2. In determining the assertion of misunderstanding of facts, the residence does not merely refer to the house itself, but includes the above summary, such as the fixed number, etc.

Therefore, elevators and corridors used for public use in multi-family housing, such as detached houses for multi-household, multi-household houses, apartment houses, and apartment houses, and stairs and corridors are necessarily annexed to each household or household used for residential purpose, and are expected to be supervised and managed by residents in their daily lives and to protect de facto residential peace. Thus, barring any special circumstance, an elevator inside multi-family housing, such as multi-household houses, multi-household houses, multi-household houses, apartment houses, and apartment houses, public stairs and corridors constitute "human habitation", which is an object of intrusion upon residence, 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 200Do435, Sept. 10, 200); < Amended by Presidential Decree No. 2009Do435, Sep. 10, 2009>