The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal (misunderstanding of the facts) is as follows: (a) the victim’s statement at the court below was made after the lapse of one year after the occurrence of the case; and (b) according to the evidence submitted by the prosecutor, such as the investigation report stating the victim’s statement immediately after the occurrence of the

Nevertheless, the judgment of the court below which acquitted the Defendant of the facts charged of this case is erroneous and adversely affected by the judgment.

2. The lower court found the Defendant not guilty of the facts charged of the instant case on the ground that the evidence submitted by the prosecutor alone is insufficient to recognize that the Defendant had an intent to intrude into the victim’s residence, after directly examining D as to the only witness and interest victim of the instant case, investigating the evidentiary documents, etc., and examining the evidence submitted by the prosecutor in detail.

Therefore, in light of the records, there is no objective reason to affect the formation of new convictions from the trial court, and there is no reasonable circumstance to deem that the court below's lawfully adopted and investigated evidence was clearly erroneous or that the argument leading to the acknowledgement of facts is considerably unfair because it is against logical and empirical rules (see, e.g., Supreme Court Decision 2016Do18031, Mar. 22, 2017). 3. Accordingly, the prosecutor's appeal is without merit, and thus, it is dismissed under Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.