The judgment of the court below is reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal is too unreasonable that the penalty (one million won of a fine) imposed by the court below against the defendant is too unreasonable.

2. In light of the following circumstances: (a) the Defendant intrudes on the residence of the victim under the pretext of securing evidence against the husband’s adultery; and (b) the instant crime which stolen the victim’s goods cannot be justified beyond the limit permitted by the legal order; (c) the Defendant did not have any other criminal records except the punishment of a fine due to drinking driving around 2002; (d) there was sufficient reason to suspect that the victim B, who is the husband, was in a bad relationship in the victim’s residence; (c) the police officers at the time committed the instant crime in the process of finding evidence against the husband; (d) there was a circumstance to consider the circumstance that the Defendant committed the instant crime in the process of finding evidence against the husband; (e) the conciliation was concluded between the parties on the divorce case between the Defendant and the victim and the victim; and (e) the Defendant’s age, character and conduct, motive, means and consequence of the instant crime; and (e) the circumstances after the crime, etc., the Defendant’s allegation of unfair sentencing is reasonable and reasonable.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the appeal by the defendant is well-grounded.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, it is quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 2(2) and (1)1 of the Act on the Punishment of Violences, etc. for Criminal Facts, Article 319(1) of the Criminal Act (joint residential intrusion, choice of fines) of the Criminal Act, and the Criminal Act;