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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The protected legal interest in the crime of mistake of facts or misapprehension of legal principles is the peace of residence and thus part of the body was into the residence, but if it does not actually reach the degree of harm to the peace of residence, the crime of intrusion upon residence shall be deemed to have been committed. However, even though the defendant entered the back of the 101st day to peep 101 on June 29, 2013, he did not recognize that the victim was peeped by the window, and therefore, he did not reach the degree of harm to the peace of the victim's residence. Thus, the above intrusion upon residence was merely an attempted crime.
B. The lower court’s sentence of unreasonable sentencing (one month of imprisonment, two years of suspended sentence) is too unreasonable.
2. Determination
A. In the judgment of a mistake of facts or misapprehension of the legal principle, the residence does not merely refer to the house itself, but also includes all surrounding land.
Therefore, in a multi-household detached house or multi-family house, a part exclusively used by each household or household is attached to the part intended to be supervised and managed by the resident in his/her daily life and the part that is in need of de facto peace and protection of the residence is deemed to constitute a “human habitation” which is the object of the crime of intrusion, barring special circumstances (see Supreme Court Decision 2011Do8349, Oct. 13, 2011); and a “resident who is a person’s residence” does not always have to be present; even if access is permitted by the general public, if the residence is entered against the explicit or presumed intention of the manager, the crime of intrusion is established.
(See Supreme Court Decision 2006Do7079 Decided March 15, 2007). In addition, since the crime of intrusion upon residence is the protected legal interest of the law, the crime of intrusion upon residence is the de facto peace of residence, the whole body of an offender must enter into another person’s residence which is the object of the crime.