The defendant's appeal is dismissed.

1. Summary of grounds for appeal by the defendant;

A. In light of the legal principles, although the defendant entered the victim's residence through the entrance that was not corrected as stated in the facts charged, the defendant did not intrude into the victim's residence against the presumed will of the victim, and in light of the existing relationship between the defendant and the victim, the defendant's act constitutes an act that does not violate social rules, and the defendant did not have awareness of illegality. Thus, the court below's judgment convicting the defendant as to the defendant is erroneous in the misapprehension of legal principles.

B. The sentence that the court below sentenced against the illegal defendant in sentencing (the amount of 300,000 won) is too unreasonable.

2. Determination

A. 1) Determination of the misapprehension of the legal principle as to the assertion of misapprehension of the legal principle is that the crime of intrusion upon a residence is de facto protecting the peace of a residence. If the act of entering a residence is committed even though it is contrary to the explicit or presumed intent of the resident or manager, the crime of intrusion upon a residence is established (see Supreme Court Decision 2007Do2595, Aug. 23, 2007). b) "act which does not violate the social rules" under Article 20 of the Criminal Act refers to an act which is permissible in light of the overall spirit of legal order or social ethics or social norms in its surroundings, or social norms. Whether certain act is justified as a legitimate act that does not contravene the social rules, and thus, it should be determined individually by examining the motive or purpose of the act, the means or method of the act, the reasonableness of the act, the benefits and balance between the protection interest and the legal interests and interests, and the supplementary method or method of the act.