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The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In full view of the fact-finding statement made by victim E at an investigative agency, and the statement written by the victim in the application for registration of a person subject to personal protection prepared by the investigative agency, the court below found that the defendant was found not guilty of this part of the facts charged, despite the fact that the defendant was found to have discovered the victim's residence door password and obtained a password against the victim's will and entered the password against the victim's will, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment, 40 hours of order to complete a sexual assault treatment program, 1 and 2) is too uneased and unreasonable.
2. Determination
A. In light of the following circumstances that the court below duly adopted and examined the evidence, namely, from June 22, 2018 to June 26, 2018, the date immediately before the date stated in this part of the facts charged, the defendant lived with the victim at the victim's house, and the victim did not change the current door password at the time, and the defendant takes a personal identification number of the victim known before June 27, 2018 and entered the victim's house at around 05:15, the court below found the defendant not guilty of the defendant under the latter part of Article 325 of the Criminal Procedure Act on the ground that the evidence submitted by the prosecutor alone is insufficient to acknowledge that the defendant intentionally intrudes upon the victim's house against the victim's will, and there is no other evidence to prove that this part of the facts charged constitutes a case where there is no evidence to prove the facts charged.
In light of the above circumstances acknowledged by the court below, the victim was changed from the time of the charge of special injury on or around June 15, 2018 (the trial record No. 256, 259 pages), and the defendant was later changed from the time of the charge (the trial record No. 256, 259).