A. misunderstanding of facts or misunderstanding of legal principles (1) The Defendant did not have any fact between the victim’s residence on the date and time stated in the instant facts charged, and even if the Defendant went to that place, he was going up to 3 floors through a gate with no multi-household house and opened the gate of the victim’s house, and thus, did not infringe on the victim’s residence.

(2) It is merely a legitimate act that does not go against the social norms, because the defendant found the victim's house to take advantage of his child and puts his door on the victim's house.

B. The sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. Determination

A. In the judgment of a mistake of facts or misapprehension of the legal principle, the residence does not merely refer to the house itself, but includes the above summary, such as the fixed number.

Therefore, stairs and corridors used for public use in multi-family housing, such as multi-household houses, multi-household houses, non-family houses, and apartment houses, are necessarily annexed to the exclusive part of each household or household used as a residence, and there is a need for the residents to monitor and manage in their daily lives and to protect the peace of de facto residence. Thus, barring any special circumstance, it constitutes “human residence” which is the object of the crime of intrusion upon residence.

According to evidence duly admitted and investigated by the court below, the defendant's act constitutes a crime of intrusion upon residence on the ground that the defendant can hold a gate of a multi-household house in which he/she resides against the victim's will and enter the door to the 3th floor of stairs on the date stated in the facts charged in this case.

In addition, the defendant's time and purpose of intrusion upon the victim's residence, relationship between the defendant, the victim and the victim, and repeated intrusion of the defendant's residence.