The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal is that E, a person living together with the victim D, went to the victim's residence by notifying the victim of the password and entering the victim's residence, and thus, it cannot be deemed that the victim's residence was invaded against the victim's will. If the defendant had the victim's goods as stated in the judgment of the court below, the victim thought that he was the victim's original, and brought it again to the victim's residence, and thus there was

Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, and sentenced the Defendant guilty.

2. Determination

A. (i) As to the assertion of misunderstanding of facts or misunderstanding of legal principles, the legal interest of the crime of intrusion upon residence under the Criminal Act is not the legal concept of the right to residence, but the freedom and peace of residence in private living relations, and all of the people who live together in the dwelling are entitled to enjoy peace in the dwelling.

If the consent of one or more persons having a right to residence is contrary, directly or indirectly, to the other resident's will, access to the residence would result in the peace of the residence of a person against his/her will, i.e., the peace of the control and management of the residence, and therefore, the crime of intrusion of residence is established.

(See Supreme Court Decision 83Do685 delivered on June 26, 1984, etc.). According to the evidence duly admitted and examined by the court below, the facts that the defendant did not obtain the victim's consent at the time of entering the victim's residence are recognized by the defendant himself/herself, and the victim knew his/her secret number as he/she belongs to the defendant. Even if the defendant entered the victim's residence with the above E's consent, the above E's consent without the victim's consent and the above E's consent are deemed contrary to the victim's intent. Thus, the defendant's access to the victim's residence results in damaging the victim's peace of residence.