The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. The Defendant of mistake of facts is not forced to attack a residence because the victim opened a door and enters the key between them.

B. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of 500,000 won) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined in the lower court’s judgment on the assertion of mistake of facts, the fact that the Defendant entered the victim’s residence door even though the victim stated that he/she should not enter, can be acknowledged.

Therefore, the judgment of the court below which found the defendant guilty is just, and there is no error of mistake as alleged by the defendant.

B. The fact that the victim expressed his/her intent not to have the Defendant punished, and that the Defendant’s economic situation is not good, etc. are circumstances favorable to the Defendant.

On the other hand, the fact that the defendant denies the crime of this case again in the trial room, that the defendant has the history of punishment several times, that the victim expressed his intention not to punish, but the defendant was assaulting the victim along with his residence intrusion, and that the defendant seems not to have caused any damage to the victim, etc. is considered to be disadvantageous to the defendant.

In addition, comprehensively taking account of the fact that the lower court sentenced the punishment by lowering the amount of fine under the summary order, the lower court’s sentencing does not seem to have exceeded the reasonable scope of discretion because the sentencing of the lower court is too excessive, taking into account the following factors: the Defendant’s age, character and conduct, environment, motive and means of the crime, and circumstances after the crime.

The defendant's assertion of unfair sentencing is without merit.

3. The defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.