The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. In light of the legal principles, the crime of intrusion upon residence is a de facto residential peace. Thus, the crime of intrusion upon residence should be established unless the whole body of an actor enters another person's residence which is the purpose of the crime, and if there is a perception that part of the body enters the house, the crime of intrusion upon residence should be established.

However, at the time of the instant case, the Defendant had the awareness that part of the body was taken into the house by pushing the face in a lush cresh, which is left the house where C resides, and the Defendant’s act was de facto broken out the peace of residence C due to the Defendant’s act.

As such, the facts charged of this case's intrusion came to an end.

Nevertheless, since the court below acquitted the Defendant of the facts charged in this case, it erred by misapprehending the legal principles on the crime of intrusion upon residence.

B. The Defendant made a confession of the facts charged in the instant case, and the lower part of the building wherein C resides is installed, and thus, he can be seen that the outside person is unable to have access without the consent of the outside person.

Therefore, although the defendant did not intrude into a structure itself, the above summary attached to the structure was invaded, so the court below erred by misunderstanding the facts.

2. Determination

A. Based on the evidence duly adopted and examined by the court below and the legal principles as to the scope of establishment of a crime of intrusion upon residence based on the records of this case, the court below's finding the defendant not guilty of the facts charged of this case on the grounds as stated in its reasoning is just and acceptable, and there is no error of law by misapprehending the legal principles as to the crime of intrusion upon residence alleged by the prosecutor.

B. In determining the misconception of facts, “a structure”, which is the object of an intrusion, is actually a residence.