The prosecutor's appeal is dismissed.

1. In full view of the CCTV images for appeal, the statements of the victim, the records of the defendant's previous crime, etc., the fact that the defendant intrudes on the victim's residence and steals money and valuables may be fully recognized;

2. On November 10, 2010, the summary of the facts charged was sentenced to a suspended sentence of one-year imprisonment for a crime of larceny by intrusion upon residence at night at the Seoul Northern District Court, and on April 21, 201, the Defendant was sentenced to a four-month imprisonment with prison labor for an attempt of intrusion upon residence at night at the Jung-gu District Court on August 3, 201, and the previous suspended sentence became null and void. On July 6, 2012, the Seoul Central District Court was sentenced to three years and six months of imprisonment with prison labor for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on July 6, 2012, and the remaining sentence was exempted by a special amnesty on August 14, 2015, and the execution of the sentence was terminated in the Seoul Southern District Court on the same day.

On May 20, 2016, at around 20:56, the Defendant: (a) opened a bend window and intruded into the house of the victim D located in Seongbuk-gu, Sungnam-si, Sungnam-si; and (b) had a precious metal amounting to KRW 6.5 million in total at the market price of the victim, who was located in the head of the Ansan-si, from the inside and outside of the Gu.

Accordingly, the defendant invadedd the victim's residence at night and stolen the victim's property.

3. On the judgment of the court below, the court below rendered a judgment of not guilty on the following grounds that the facts charged in this case constitute a case where there is no proof of crime.

According to the evidence of this case, the victim from around 18:30 on May 20, 2016 to the same year.

5. On May 20, 2016, the Defendant was unable to hold a house from around 13:20, and the Defendant returned to the police because he returned home to her home room of the victim, who was the 1st floor of Bolle, opened a bend window of the victim's house, which was the 1st floor of Bolle, and reported to the police because of the disturbance of the heat in the inside bank and small room, and ② according to CCTV images installed on the above Ba and the left side, the Defendant appears to have stayed for 10 minutes in front of the bend of the 1st floor at around 9:00 p.m. on May 20, 2016, and ③ the Defendant was the corresponding part of the images.