The judgment of the court below is reversed.

Defendant shall be punished by a fine of 300,000 won.

The above fine shall not be paid by the defendant.

1. The summary of the grounds for appeal (the fact-finding and misapprehension of legal principles) of the victim’s residence, which the defendant entered, is an object of the crime of intrusion upon residence.

Nevertheless, the court below found the defendant not guilty on the ground that the above Mail was not the above summary.

2. Determination

A. The summary of the facts charged is between the victim B and the neighbor.

On July 22, 2019, at around 09:00 on July 22, 2019, the Defendant, along with C, entered the victim’s residence located in Gumi-si D, and entered the residence through an open gate, in order to clarify the boundary between the Defendant’s land and the victim’s land.

Accordingly, the defendant infringed upon the victim's residence jointly with C.

B. The lower court found the Defendant not guilty of the facts charged in this case on the ground that there is no evidence to prove that the boundary of neighboring land that contributed to the use of the victim’s residence, or that the outside person cannot have access without permission, considering the facts acknowledged by comprehensively taking account of the evidence, the location and the developments leading up to the installation of the pentpgate installed in the middle of the alley, and the present state of the installation.

C. The first-related legal doctrine is that the crime of intrusion upon residence is actually a legal interest protected by the peace of residence, so if it reaches the extent that the resident could harm the peace of the residence which he enjoy, the elements of crime are satisfied. In the crime of intrusion upon residence, the "residential" does not merely refer to the house itself, but the manager of the neighboring land adjacent to the house is not provided for the use of the house by installing a door, etc. on the boundary with the outside and the outside, and the land is not allowed to enter without permission.