The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In order to resolve an open noise, the Defendant’s mistake of fact inevitably enters the victim’s residence front or the victim’s house, not intentionally enters the residence.

Since the part of the Mail party is part of the land owned by the defendant's third village and boundary has broken down, the defendant does not constitute a residential intrusion on the part above Ma party.

B. The sentence of the lower court’s improper sentencing (an amount of KRW 500,000) is too unreasonable.

2. Determination

A. The following circumstances can be acknowledged by the lower court’s judgment as to the assertion of mistake of facts based on the evidence duly admitted and investigated by the lower court. In other words, the Defendant: (a) partially deducted the enormous machine set up in the gate for the purpose of protecting the pet dog; (b) the Defendant and the victim did not come to the pet dog due to noise prior to the occurrence of the instant case; (c) the Defendant left the pet dog as a result of the pet dog; and (d) the Defendant’s act did not go to approximately one minute due to the pet dog; and (c) it is difficult to view that the Defendant’s act was reasonable in the means and method as an act beyond the scope of legitimate exercise of rights; and (e) it is not considered as an urgent and inevitable means to recognize that the Defendant intentionally invaded the victim’s residence, as stated in the facts constituting the crime

In addition, even if part of the victim's house is owned by the defendant's third village, the crime of intrusion upon residence is a de facto legal interest to protect the peace of residence, and whether the person has the right to reside in the building or structure does not depend on the establishment of the crime.

Therefore, the defendant's above assertion is without merit.

B. The fact that there are no criminal records exceeding the fine imposed on the defendant for the wrongful argument of sentencing, there are some circumstances to consider the background of the crime, and that there is an agreement with the victim.