A. Defendant (the lower court’s punishment: 10 months of imprisonment)

B. In full view of the fact that the defendant committed several assaults against the victim before entering the victim's house, CCTV images, the circumstance that the defendant entered the victim's house, and the statement of the victim and the victim's male-friendly appearance D, the prosecutor 1 of the judgment of the court below acquitted the defendant of this part of the charges on the ground that it is difficult to conclude that the defendant had the defendant's intention of entering the victim's house, and thus, it is difficult to conclude that the defendant had the intention of entering the victim's house.

2. Determination

A. 1) Determination of the Prosecutor’s assertion of mistake of facts in a criminal trial shall be based on the prosecutor’s proof of the facts charged, and the judge shall be convicted with evidence having probative value sufficient to have a reasonable doubt that the facts charged are true. Thus, if there is no such evidence, it shall be determined with the benefit of the Defendant even if there is suspicion of guilt against the Defendant. 2) In light of the circumstances and legal principles set forth in the judgment below, it is difficult to readily conclude that the evidence submitted by the prosecutor alone had the intention to intrude upon residence of the Defendant, and the lower court acquitted the Defendant of the facts charged in the instant case on the ground that there is no evidence to

3. The following circumstances acknowledged by the court below based on the evidence duly examined and adopted by the court below. In other words, when the defendant enters the victim's house, the victim's male-child arrest D was forced to enter the victim's house, and it appears that the defendant could not be viewed as D.