All appeals by the defendant and the prosecutor are dismissed.

1. Summary of grounds for appeal;

A. In relation to the Defendant (the second instance judgment)’s misunderstanding of the facts and legal principles ① intrusion upon residence, the Defendant entered the above apartment that he had entered to find out the materials that his family members reside in the apartment as stated in this part of the facts charged (hereinafter “the apartment of this case”). As such, the Defendant’s entry cannot be said to have impaired the peace of the victim’s residence who is the mother of the Defendant, or against the victim’s explicit or presumed intent.

(2) With respect to the occupation of property loss, the defendant has never changed the password of the electronic locking system of the apartment entrance of this case.

2) The sentence of the lower court that is unfair in sentencing (one million won in penalty) is too unreasonable.

B. The Prosecutor (the first instance judgment) found the Defendant guilty of the facts charged of injury even based on the evidence other than the victim’s statement.

Nevertheless, the lower court found the Defendant not guilty of the facts charged so that it erred by misapprehending the facts.

2. Judgment on Defendant’s appeal (the second judgment of the court below)

A. Determination on the misunderstanding of facts and misapprehension of the legal doctrine 1) The Defendant asserted the same purport in the lower court.

Therefore, the lower court determined that even if the Defendant was granted access to the apartment of this case, the Defendant infringed on the apartment of this case against the victim’s explicit and presumed intent of the victim, on the ground that the Defendant entered the apartment of this case for the purpose of collecting evidence submitted for the said civil procedure, and that even if considering the relationship between the Defendant and the victim, it cannot be said that the victim allowed access to the apartment of this case in his absence.

B) The court below decided on the basis of the foregoing.