2. Judgment of the court below is reversed.

The Defendant’s appeal against the judgment of the court below No. 1 is dismissed.

1. Of the facts charged, the first instance court dismissed the prosecution on the charge of assault, and pronounced guilty on the remainder of the facts charged. The Defendant appealed only on the guilty portion among the judgment of the first instance court, and the prosecutor did not appeal on the dismissed portion of the indictment. Therefore, the dismissed part of the judgment of the first instance court was separated and finalized.

Therefore, the scope of this Court's adjudication is limited to the guilty part of the judgment of the first instance and the judgment of the second instance.

2. Summary of reasons for appeal;

A. The lower court’s sentencing (ten months of imprisonment and two years of suspended execution) of the first instance judgment is too unreasonable.

B. The judgment of the court below (1) is erroneous in the misapprehension of facts and the judgment of the court below which found the defendant guilty of the facts charged of this case without a intention of intrusion, since the defendant, who is erroneous in the facts, used the house of this case as a warehouse with permission from the previous owner of the victim J's residence in Seongbuk-gu Seoul (hereinafter "the house of this case"), used the house of this case as a warehouse by gathering the fact that the house of this case was sold to the victim and entered the house through the door opened with usual use.

(2) The sentence of the lower court’s unfair sentencing (one hundred and sixty months of imprisonment, two years of probation probation, two years of probation observation, 40 hours of alcohol addiction treatment, 40 hours of violent therapy lectures, 160 hours of community service) is too unreasonable.

3. Determination

A. Examining the following circumstances: (a) the Defendant could have been punished for the same or a different offense; (b) there are no special circumstances or changes in circumstances that may be newly considered in the sentencing after the pronouncement of the lower judgment; and (c) the Defendant’s age, sex, environment, motive and circumstance of the crime, means and consequence of the crime; and (d) the circumstances after the crime was committed, which form the conditions of the punishment as shown in the pleadings, such as the circumstances after the crime was committed, the lower court’s sentencing is determined within the reasonable and appropriate scope.