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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds of appeal is that the defendant had the intention of intrusion upon residence, and as long as the defendant enters the residence without permission of the victim, it de facto peace in the residence was broken due to the act of entering the residence, even though he asked the court staff at the time of the auction of this case to the effect that "the victim would agree before the victim is seen as the victim and take things, and the victim would be asked to deliver the article to us if the victim knew the article."
must be viewed.
However, the court below rendered a not-guilty verdict on the facts charged of this case. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.
2. Examining the evidence of this case in detail in light of the records, the court below, on the grounds stated in its reasoning, found that the evidence submitted by the prosecutor alone alone had a intention to intrude into the residence of the defendant, or that the defendant's access to the residence was a de facto peace.
It is difficult to see
In light of the facts charged of this case, it is just and acceptable to have judged the defendant not guilty, and there is no error of misconception of facts as alleged by the prosecutor.
Therefore, prosecutor's assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.