The judgment below

Among them, the part which is excluded from the attempted charge of special residence intrusion (not guilty part) shall be reversed.

1. Summary of grounds for appeal;

A. On May 15, 2017, from around 01:21 to around 01:44, as long as the Defendant enters the victim’s dwelling room against the victim’s intent, the crime of intrusion upon residence immediately is established, and thereafter, the Defendant’s entry into the victim’s dwelling room is merely merely the moving of the Defendant inside the residence, and thus, a separate crime of intrusion upon residence is not established.

However, the court below held the defendant not guilty of the part entered into the victim's door separately. The court below erred by misapprehending the legal principles, which affected the conclusion of the judgment.

2) According to the evidence submitted by the prosecutor, the court below found the defendant guilty of this part of the facts charged, although the defendant had a knife for the purpose of committing a crime of intrusion upon residence. The court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The sentence sentenced by the lower court (two years of suspended sentence of eight months), community service, and confiscation) is too uneasy and unfair.

2. Determination

A. In light of the principle of no judgment ex officio (as to intrusion upon residence around May 15, 2017, the judgment of the court below) and the principle of no indictment that is unfavorable to the public prosecutor, the court shall not render a judgment without the public prosecutor’s indictment, and the court shall render a judgment only on the case for which the public prosecutor instituted an indictment (see Supreme Court Decision 2001Do5304, Dec. 27, 2001, etc.). According to the written indictment, the court below erred in the facts charged in the facts charged in the instant case and convicted the public prosecutor about the violation of the principle of no indictment and no prosecution. Accordingly, the judgment of the court below in this regard affected the conclusion of the judgment.

(b) mistake of fact;