The prosecutor's appeal is dismissed.

The gist of the grounds for appeal by the prosecutor is that the defendant's mother K was in dispute with the victim D and the return of the deposit deposit, the defendant's parents were illegally constructed in the building located in Yeongdeungpo-gu Seoul Metropolitan Government which is the object of the residential intrusion of this case and filed a civil petition with the Yeongdeungpo-gu Seoul Metropolitan Government Office. The first floor of the above building was the investigation agency and the court below made a statement that the defendant was going to the upper floor through the left stairs of the above building in order to photograph the illegal building part of the above building, but the court below found the defendant guilty of the facts charged of this case, but the court below found the defendant guilty for lack of evidence. Such judgment of the court below is erroneous in the misapprehension of legal principles as to the misconception of facts or the rules of evidence.

In light of the above, the court below found the defendant not guilty of this part of the facts charged while explaining the grounds for judgment in detail. The evidence alone submitted by the prosecutor cannot be deemed as proved to the extent that this part of the facts charged is beyond a reasonable doubt. Thus, the court below's judgment that acquitted the defendant of this part of the facts charged does not err in the misapprehension of facts, as alleged

Therefore, since the prosecutor's appeal is without merit, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.