The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. The Defendant alleged the misunderstanding of facts was in a de facto marital relationship with the victim, and there was no intention to commit the crime of intrusion upon residence and the refusal to leave.

B. The sentence that the court below sentenced to the defendant (the amount of KRW 3 million) is too unreasonable.

2. Determination

A. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

The term "crimes punishable by imprisonment without prison labor or heavier" under Article 35 (1) of the Criminal Act refers to crimes punishable by imprisonment with prison labor or imprisonment with prison labor with prison labor, and where a fine selected among the punishments prescribed by such crimes is a fine, it shall not be subject to aggravated repeated crimes (see Supreme Court Decision 82Do1018, Jul. 27, 1982). Nevertheless, the court below selected a fine among the punishments prescribed by the crime of intrusion upon residence and the crime of refusing to withdraw from the Republic of Korea and applied Article 35 of the Criminal Act, which affected the judgment.

Since the judgment of the court below can no longer be maintained.

The defendant's assertion of misunderstanding the facts is still subject to the judgment of this court, despite the above reasons for reversal. Therefore, the following is examined.

B. In full view of the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, as stated in each of the facts charged of this case, the defendant invadeds upon the victim's residence against the victim's will and intentionally committed the defendant with respect to refusing to comply with the victim's withdrawal request without justifiable grounds.

The judgment of the court below is fully acceptable.

Therefore, the defendant's assertion of facts is without merit.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is again ruled as follows through pleading.

[Re-use]