The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

1. Summary of grounds for appeal;

A. At the time of misunderstanding of facts or misunderstanding of legal principles, the Defendant called the victim’s apartment (hereinafter “instant apartment”) to address the career and education issues of the victims and their children, and the Defendant started to find the said apartment with the permission of the son, and therefore, it cannot be deemed that the Defendant infringed upon the victim’s residence.

B. Each of the instant crimes committed by the Defendant with mental or physical disorder is under the influence of alcohol, and is committed in a state of mental or physical disorder.

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

2. Determination

A. The crime of intrusion upon residence is established as a result of the peace in the residence of a person against his/her will, i.e., the control of the residence and the peace in the management of the residence, if there are multiple persons having the right of residence in the case of a mistake of the facts or misapprehension of the legal principles regarding the defendant's assertion of misunderstanding of the facts or the consent

In addition, the above legal principle does not affect, as long as the control relationship of the dwelling exists in the absence of one of the persons living together, as long as the control relationship of the dwelling is recognized in appearance.

(See Supreme Court Decision 83Do685 delivered on June 26, 1984). The following circumstances acknowledged by the evidence duly adopted and investigated by the court below and the court below (see Supreme Court Decision 83Do685 delivered on June 26, 1984) are as follows: ① the victim was divorced from the defendant on the ground that the defendant has frequently exercised violence against the victim and his/her children around 2006; ② the victim was living in the apartment of this case with his/her children; ② the defendant was found in the apartment of this case on September 29, 2013; ② the victim was living in the apartment of this case; the victim had opened an entrance to the apartment of this case; ③ the victim was entering the apartment of this case by setting up the entrance; ③ the victim was found late after the victim was locked, and the victim was able to wear the defendant immediately, and ④ the victim got sound.