The defendant's appeal is dismissed.

1. Summary of the grounds for appeal (misunderstanding of facts, misunderstanding of legal principles, and improper sentencing)

A. When misunderstanding the facts and legal principles, the Defendant attempted to steals the shower face in the vicinity of the victim’s residence at the time of misunderstanding the fact, and attempted to dump the shower face while leaving the center by losing the balance above the wall, and thus did not have any intention to intrude into the victim’s house. As such, it is unreasonable to recognize that part of the Defendant’s body enters the airspace above the above summary, thereby unfairly expanding the requirements for the formation of a residential intrusion.

B. The punishment sentenced by the lower court (six months of imprisonment) is too unreasonable.

2. Determination

A. Determination 1 on the assertion of misunderstanding the facts and misapprehension of the legal principles 1) Since the crime of intrusion upon residence is a de facto legal interest to protect the peace of a residence, the crime of intrusion is not necessarily established by the whole body of an actor into another person’s residence which is the purpose of the crime, and if a part of the body enters another person’s residence, it is deemed that the resident satisfies the constituent requirements if it reaches the extent that it may harm the peace of a de facto residence that the resident

Therefore, the intent of the crime of intrusion upon residence does not necessarily require the perception that the whole body enters another person's residence, but it is sufficient to recognize that a part of the body enters another person's residence (see Supreme Court Decision 94Do2561, Sept. 15, 1995). 2) The defendant argued to the same effect as the above grounds for appeal even in the court below. In full view of the evidence duly adopted and examined by the court below, the court below found the following evidence: (i) around August 24, 2017, the defendant examined the wall of the above multi-household house located behind the multi-household located in Gwanak-gu in Seoul Special Metropolitan City and found the victim to show the wall of the above multi-household house; and (ii) the defendant's containing the defendant going to and was allowed to freely pass through the land and the land that does not reside in the above multi-household house, such as the road parking lot.