The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. Since the building of this case is open to the general public, the judgment of the court below which found the defendant guilty of entering the building of this case, among the facts charged, is erroneous in the misapprehension of legal principles as to the crime of entering the building of this case or the crime of entering the building of this case, which affected the conclusion of the judgment, although the act of entering the building of this case does not constitute the crime of entering the building of this case.

B. Although the Defendant, as stated in paragraph (2) of the facts constituting the crime in the judgment of the court below, entered a parking stuff in the instant building parking lot (hereinafter “instant parking stuff”), there is no fact that money was stolen from the instant parking stuff.

Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment, which found the Defendant guilty of larceny among the facts charged in the instant case.

C. The sentence imposed by the lower court on the grounds of unreasonable sentencing (two million won of fine) is too unreasonable.

2. Determination of misconception of facts and misapprehension of legal principles as to the crime of intrusion upon the instant structure

A. If the act of entering a structure is contrary to the explicit or presumed intent of the manager of the structure, the crime of intrusion upon the structure is established if the act is committed.

(See Supreme Court Decision 2009Do5686 Decided May 13, 2010, and Supreme Court Decision 2013Do4299 Decided February 13, 2014, etc. (see, e.g., Supreme Court Decision 2013Do4299).

Judgment

According to the records, the building of this case is about 7 foot buildings such as entertainment tavern, company office, case store, mast shop, etc., and the building of this case contains other entrances such as the entrance leading to the "E amusement tavern", which is closed by the defendant (hereinafter "the entrance of this case") other than the entrance leading to the 1st floor of the building of this case, and the building of this case is linked to the 1st floor of the building of this case at the time.