The judgment of the court below is reversed.

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

The above fine shall not be paid by the defendant.

1. The defendant's act of opening a corrected gate in spite of the victim's intention to refuse to reject the appeal is a crime of intrusion upon residence, since not only 205 rooms where the victim resides but also the closing party of the house of this case is included in the scope of residence.

Nevertheless, the court below rendered a not guilty verdict on this part of the facts charged. In so doing, the court below erred by misunderstanding of facts or misunderstanding of legal principles, and the punishment of the court below (2 million won of fine) is too uncomfortable and unfair.

2. Prior to the judgment on the grounds for appeal by the prosecutor ex officio, the prosecutor makes an application for changes in the indictment to which the facts charged were changed to the following contents, and since this court changed the subject of the judgment by permitting it, the part of the judgment of the court below which affected the residence cannot be reversed.

On the other hand, as shown below, the changed facts charged are found guilty, and the above crime and the crime that the court below found guilty are concurrent crimes under the former part of Article 37 of the Criminal Act, so the judgment of the court below should be sentenced to a single punishment for each crime. Thus, the whole of the facts charged

3. As above, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged by this court and the summary of the evidence are as follows: "The defendant added to the facts constituting the crime " around 04:48 on September 11, 2013, at the time of the victim D (n, 46 years old), the residence of the victim D (n, the victim D, the 46 years old) located in the Geum-gu Busan Metropolitan City, to twice open the entrance several times, and failed to comply with the request of the victim for withdrawal from the victim several times due to his/her entrance, such as entering the victim's house through the entrance opened by the victim, and taking the victim's bath, and he/she failed to comply with the request of withdrawal from the victim several times on the part of the victim."