The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

1. The summary of the grounds for appeal (the factual error or misapprehension of the legal principle) is an act against the victim’s will to enter the section for common use of the apartment in which the victim resides. Thus, the crime of intrusion upon residence is established regardless of whether the victim was aware of the infringement

However, the judgment of the court below which acquitted the defendant is erroneous in misconception of facts or misapprehension of legal principles.

2. Judgment on the prosecutor's grounds for appeal

A. The lower court determined that the Defendant entered the elevator through the entrance door of the instant apartment parking lot, and recognized that the Defendant entered the front of the victim’s residence, which is the victim’s residence. The apartment corridor, etc., to which the Defendant entered was the common part of the apartment house, but the victim’s peaceful residence was destroyed by the Defendant’s act.

The defendant was acquitted on the ground that he could not be deemed to have the intention of entering a residence or that he could not have the intention of entering a residence.

B. In the crime of intrusion upon one’s residence, the term “one’s residence” does not simply refer to a house itself, but includes the above summary, such as the fixed number of houses, and since elevators used for public use in multi-family housing, such as multi-household houses, multi-household houses, non-family houses, and apartment houses, and stairs and corridors are essential parts for each household or household used as a residence, and there is a need to protect the peace of actual residence, as they are planned to monitor and manage in daily life by the relevant residents and there is a need to protect the peace of residence. Thus, elevators, public stairs, and corridors inside multi-household houses, multi-household houses, multi-household houses, apartment houses, and other apartment houses, which are located in multi-household houses, or multi-household houses, and intrusion against the explicit or implied intent of the relevant resident, barring special circumstances.