The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

가. 사실오인 및 법리오해 피고인은 이 사건 당시 5V 어댑터가 필요하여 피해자의 방에서 어댑터를 찾았고, 당시 피해자의 방 쪽에서 나는 층간소음 문제로 이웃으로부터 항의를 받아 그 원인이 무엇인지 피해자의 방을 살핀 것뿐이므로, 이러한 피고인의 행위가 피해자의 방을 허락 없이 수색한 것으로 볼 수 없고, 가사 그렇다고 하더라도 피고인의 행위는 사회상규에 위배되지 않는 행위로서 정당행위에 해당한다.

B. The sentence imposed by the lower court (two months of imprisonment and one year of suspended execution) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the lower court’s duly adopted and investigated evidence regarding the assertion of mistake of facts and misapprehension of legal principles, the Defendant’s act as stated in the facts charged of this case was an act of searching the room possessed by the victim without the victim’s permission, and the crime of searching room is established. It is difficult to view such an act as an act that does not contravene social norms and constitutes a justifiable act. Therefore, the Defendant’

1) Although the Defendant and the victim were legally married in the same marital relationship, from around April 2015, the Defendant has been in the same place of residence. From around January 2016, the Defendant had been locked and living in his/her inside room and proceeded with a divorce lawsuit from March 17, 2016. 2) The victim was living in his/her own room in an investigative agency and the Defendant had been living in his/her own room and was already formed for a long time since he/she had been locked and blocked. The fact that the Defendant had been living in his/her own room in his/her own room, and the Defendant had already been formed for a long time is that he/she had been living in his/her own room. While the Defendant could come in his/her room, he/she did not agree to the measures that he/she would have followed, he/she did not have any object.”