The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of the facts and misapprehension of the legal principles (as to intrusion upon residence), the Defendant entered the victim’s house door at the time of the instant case. However, the place where the Defendant entered is a place open to the public by the victim’s husband and wife, without correcting the entrance door for business, without correcting the entrance door, and the Defendant did not enter the above place for criminal purpose. Thus, the Defendant did not have an intention to intrude upon residence.

However, the lower court found the Defendant guilty of this part of the facts charged. In so determining, the lower court erred by misapprehending the legal doctrine on the crime of intrusion upon residence, thereby adversely affecting the conclusion of the judgment.

B. The sentence of the lower court’s improper sentencing (2 million won) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, since the crime of intrusion upon a residence is a de facto residential peace and legal interest protected by the law, the crime of intrusion upon a residence is established against the will of the resident or manager. Even if an open place is generally open, access may be restricted as required by the resident or manager. Thus, if an entry is made in the place contrary to the explicit or presumed intention of the resident or manager, the crime of intrusion upon a residence is established (see Supreme Court Decisions 82Do1363, Mar. 8, 1983; 2003Do2108, Jul. 25, 2003; 2003Do2108, Jul. 25, 2003). In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, the defendant invadedd the victim’s house against the will of the victim’s husband and wife.

Therefore, this part of the defendant's argument is without merit.

① At the time of the instant case, the victim’s door door was opened, and the victim’s door door was allowed to open the door to the outside person who seeks to sell a stolen object.

Even if the defendant does not sell or buy solid goods, the defendant does not sell or sell solid goods.