The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In fact, misunderstanding of the legal principles or misunderstanding of the housing of this case cannot be seen as the main point of the crime of intrusion upon the housing of this case, and there was no intent to intrude the victim's residence because the defendant has ownership of the housing of this case.

B. The sentence sentenced by the lower court (500,000 won in penalty) is too unreasonable.

2. Judgment on the misapprehension of the legal principle or mistake of facts

A. On April 1, 2016, around 11:30 on April 1, 2016, the Defendant was planted around the victim D’s house located in the Chungcheong-gun C, Chungcheongnam-do, and was cut off his car at the victim’s house for the purpose of affixing a shot photo, thereby infringing on the victim’s residence.

B. The lower court rejected the Defendant’s assertion of the same purport as the grounds for appeal by misunderstanding the facts or misapprehending the legal doctrine under the title of “determination on the Defendant’s and the defense counsel’s assertion” for the following reasons, and sentenced the Defendant guilty.

- In the crime of intrusion upon residence, the residence which is the object of the crime of intrusion upon residence includes not only the residence itself, but also the summary attached thereto within a strict sense in light of the fact that the crime of intrusion upon residence is practically a legal interest to protect peace in the residence.

In this context, the above summary should be clearly revealed that the land adjacent to the residence is installed with a fence, etc. on the boundary from the outside, and is provided for the use of the residence, and that the outside is not allowed to enter without permission.

- However, as seen in the separate list of “videos”, although the instant housing does not have a separate gate at the entrance that enters the road after its math, it is clear that the math is for the instant housing in the location, area, form, etc., of the math and the end of the math are installed or trees are planted.