The judgment of the court below is reversed.

The sentence against the accused shall be set forth as a fine of six million won.

The above fine shall be imposed on the defendant.

1. Summary of grounds for appeal;

A. The Defendant asserted to the effect that, through his counsel’s opinion on August 12, 2016, the distribution does not constitute a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Camera”) or did not have intention to do so. However, the above assertion is merely an assertion in the above document submitted after the expiration of the period for submitting the statement of grounds for appeal, and it does not constitute a legitimate ground for appeal. Therefore, it is not separately determined.

(1) misunderstanding of facts and misunderstanding of legal principles, the front corridor part of the apartment site in this case does not constitute another person’s residence, which is the object of the crime of intrusion upon residence, and even

Even if the defendant did to enter his/her residence in the position of a person living together, he/she does not constitute a crime of intrusion upon residence.

Since the defendant did not know that he did not know that he had changed the password, the defendant's act is dismissed as an act that does not go against the social rules.

(2) The lower court’s sentence of unreasonable sentencing (four months of imprisonment and 80 hours of order to complete a sexual assault treatment program) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. Regarding the assertion of misunderstanding of facts and misapprehension of legal principles, since the crime of intrusion upon residence is the protected legal interest and protection of the peace of the residence, whether the resident or manager has the right to reside or manage the building, etc. does not depend on the establishment of the crime, and even if the person has been permitted to enter the ordinary building due to the relation with the resident or manager, if the act of entering the residence is committed against the explicit or presumed intention of the resident or manager, the crime of intrusion upon residence is established.

(See Supreme Court Decision 2007Do2595, Aug. 23, 2007). On the other hand, in the crime of intrusion upon residence, residence refers not only to a house itself, but also to a house itself.