All appeals by the Defendants are dismissed.

1. Summary of grounds for appeal;

A. As to the joint residence intrusion, Defendant A, as the sole child of the victim, was the legal person responsible for legal support with her husband, who entered the victim’s residence in the presence of the police officer for the purpose of confirming whether the victim was living together with his wife B in order to properly perform his legal support duty. This is justifiable as a means of fulfilling the support duty, and thus, constitutes an intentional intrusion upon residence and constitutes an act of a political party.

In addition, if the defendants have the right to properly enter the victim's residence and the actual act of entering the victim occurred, even if there was a separate purpose of hospitalization in a mental hospital, it is meaningful to establish a crime of intrusion upon residence even if the defendants had a separate purpose of hospitalization.

B. As to the attempted confinement in common, the police officer's prior report, the entry of the police officer's dwelling into the first-aid vehicle without any intention of refusal by the victim's voluntary will, but the victim went away from the first-aid vehicle immediately after a certain distance from one's own will after changing the victim's own mind after the call with other relatives, and the judgment of the court below that the Defendants forced the victim to be detained should be revoked.

2. Determination

A. Determination 1 on the issue of common residence intrusion is a crime of intrusion upon a residence. Since the legal interest protected by the law is the de facto peace of the residence, whether the resident or manager has the right to reside or manage the residence does not depend on the establishment of the crime. Even if a person is permitted to enter a usual residence due to the relationship with the resident or manager, if the act of entering a residence is committed against the explicit or presumed intention of the resident or manager, then the crime of intrusion upon a residence is established (see Supreme Court Decision 2007Da823, Aug. 23, 2007).