The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In light of the fact that (a) the victim reversed the statement on the time of the instant crime; (b) there is no evidence to prove that the Defendant infringed upon the victim’s residence; and (c) the mother of the victim on the day of the instant case, who was the victim, was locked from the second floor living room, it is difficult to recognize the charge of the part of the crime of intrusion upon residence, in light of the fact that the victim’s statement on the background at the time of the instant crime and immediately following the crime does not conform to the empirical rule

Nevertheless, the court below which found the defendant guilty of the facts charged of this case based on the statement of the victim without credibility has erred by mistake of facts.

B. The sentence imposed by the lower court (two years and six months of imprisonment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. In light of the following circumstances, the lower court found the Defendant guilty of the instant facts charged on the ground that each of the statements made by the victim and the victim’s mother, who correspond to the facts charged in the instant case, had credibility.

(1) The victim specifically states the background of the instant crime or the situation at the time of the instant crime, etc., and consistently states the essential elements of the crime, and there is no special reason for the victim and D to make a false statement in order to prejudice the Defendant.

(2) On January 2012, D made several calls from the court to the effect that the Defendant was not the Defendant, but it appears that D made several calls to the effect that the Defendant was not the Defendant. According to the monetary content, D made several calls to the Defendant at the above time.

(3) While the victim reversed the statement on the date and time of the instant crime in the course of investigation, the victim may be confused with the date and time of the instant crime because he was investigated after the lapse of a considerable time from the date of occurrence of the crime. The victim on December 13, 201.