The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

However, for a period of four years from the date this judgment becomes final and conclusive.

1. Summary of grounds for appeal;

A. Although the defendant of mistake of facts intrudes on the studio building without permission, the victim opened the door in the heading, which is an exclusive space for the victim and entered the victim's consent.

Therefore, the crime of intrusion upon the victim's residence and the crime of indecent act by compulsion is established separately, and it does not constitute a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

Nevertheless, the lower court erred by misapprehending the fact that Defendant’s act constitutes a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and thereby adversely affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. The crime of intrusion upon residence was established without the consent of the resident or the manager of the building, etc., or against the above person's intent or presumed intention, with respect to the building, etc. under the management of the person's residence, and such intrusion was conducted in a peaceful and public performance.

If an entry was made for the purpose of committing a tort even if the consent or permission of the resident or manager was obtained, it is reasonable to view that the entry was made against the above intent or presumed intention of the resident or manager, and therefore, the crime of intrusion upon residence is also established.

(See Supreme Court Decision 67Do1281 delivered on December 19, 1967, etc.). Considering the following circumstances revealed by the evidence duly admitted, the lower court determined that, inasmuch as it is evident from the beginning that the Defendant invadeds into the studio building and the residence space of the victim against the victim under the influence of alcohol in order to prevent a sex offense, the Defendant committed the crime of indecent act by compulsion against the victim’s genuine intent, on the ground that it was evident that the Defendant infringed upon the victim’s residence against the victim’s genuine intent.

The defendant resides in the victim.