The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles do not infringe upon a residence by going on the D’s house rooftop in order to make a d’s embankment.

B. The lower court’s sentence of unreasonable sentencing (three million won by fine) is excessively unreasonable.

2. Ex officio determination

A. According to the records, the defendant was sentenced to one year of imprisonment and two years of suspended execution for a violation of the Act on the Control of Narcotics, Etc. at the Daegu District Court on November 16, 2012, and the above judgment became final and conclusive on November 24, 2012. As such, the crime for which judgment became final and conclusive as well as the crime of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act, and should be sentenced in consideration of equity and the case of concurrent crimes under Article 39(1) of the Criminal Act. The judgment of the court below which neglected the sentence is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment.

B. However, the defendant's assertion of mistake of facts and misapprehension of legal principles is still subject to the judgment of this court, and this is examined below.

3. Judgment on misconception of facts and misapprehension of legal principles

A. According to the evidence duly adopted and examined by the court below, (1) around 16:50 on December 17, 201, the victim D returned to the office located in Seo-gu, Daegu-gu, Daegu-gu, about 16:50, and there was no cash and gold attachment, etc.; (2) the police dispatched to the police and searched the rooftop and the rooftop of the house together with the victim and their family members; (3) the victim's son E sent the victim to the second floor of the above house; and (4) the defendant sent a witness to the defendant on the rooftop; and (5) E again the defendant "I", and the defendant may recognize the fact that the defendant escaped beyond the rear rooftop by putting the back end of the house and making it possible to recognize the fact that the defendant escaped.

B. The Defendant, at the 'side house’, shall do so with the sound that he must do so.