All judgment of the court below shall be reversed.

A fine of two million won shall be imposed on the crime of intrusion upon the defendant's residence.

1. Summary of grounds for appeal;

A. 1) The Defendant is the victim E (hereinafter “victim”).

2) The Defendant merely sought the victim’s house to give gifts to his family members, and did not intend to infringe on the victim’s residence. 2) The Defendant sought the horses from the victim’s father to leave the house, and immediately went at the victim’s house.

3) Therefore, the judgment of the court below which found the Defendant guilty of this part of the facts charged is erroneous and adversely affected the conclusion of the judgment by misunderstanding the facts. B. The judgment of the court below on unreasonable sentencing (one year of suspended execution and suspension of qualifications for six months) is unfair, and the fine of two million won is too unreasonable.

2. Determination:

A. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.

The judgment of the court below against the defendant was sentenced, and the defendant filed each appeal against the judgment of the court below, and this court decided to hold a joint hearing of the above appeal cases. Since the judgment of the court below against the defendant is a concurrent crime under the former part of Article 37 of the Criminal Act, the judgment of the court below can no longer be maintained.

However, the defendant's assertion of misunderstanding of facts is still subject to a trial by this court, and the following is changed.

B. The judgment of the court below 1 on the assertion of mistake of facts is that the defendant asserts to the same purport as the grounds for appeal, and the crime of intrusion upon residence is a crime of impairing the peace of the other person's residential life. According to each evidence of the judgment, the defendant was prosecuted for the fact that the victim's dialogue was recorded without permission and was still pending in the trial, and the victim and his family entered the space where the victim and their family members live in the residential area, and the defendant was reported to enter the front of the entrance.