The defendant's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of facts and legal principles) was that the Defendant, as a director of L Co., Ltd., the holder of the right to retention of the instant building, managed the entire building in Songpa-gu Seoul Metropolitan Government (hereinafter “instant building”). As to the building 105, the Defendant was in the lessee’s position, and thus, the Defendant was authorized to enter “D” (No. 103, 104, and 105, hereinafter “instant store”) operated by the victim.

Nevertheless, the court below erred by misunderstanding the facts charged or by misunderstanding the legal principles, which affected the conclusion of the judgment.

2. Whether a resident or a manager has the right to reside in or manage a building, etc., since the crime of intrusion upon a residence is de facto protected legal interest and protection of the peace of the residence.

The establishment of a crime does not depend on the establishment of a crime, and even if a person who has access to the building at ordinary times is permitted due to the relationship with the resident or manager, if the act of entering the building was committed in spite of the explicit or presumed intention of the resident or manager, the crime of intrusion upon the residence should be established, and if the entrance is not entered normally through the entrance, unless there are special circumstances, the act of intrusion upon the building itself must be deemed to go against the above intent (see, e.g., Supreme Court Decisions 94Do336, Sept. 15, 1995; 2007Do2595, Aug. 23, 2007). Considering the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, it is reasonable to view that the act of entering the store at issue by force opened the corrected entrance and entering the store at issue constitutes the crime of intrusion upon the victim’s presumed intention against the occupant.

Therefore, the defendant's mistake and misapprehension of legal principles are argued.