The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

A. According to evidence such as the statement of the defendant in the investigation agency of mistake of facts (not guilty part) and the court's inquiry reply to N, the judgment of the court which acquitted the defendant even though it is sufficiently recognized that the defendant had entered the victim's house due to his/her intention to steal.

B. The lower court’s sentence of unreasonable sentencing (total) (ten months of imprisonment, two years of suspended execution, and probation) is too uneasible and unfair.

2. Judgment on the assertion of mistake of facts

A. On March 16, 2018, the Defendant: (a) entered the victim C’s residence as indicated in the judgment around 08:45 on March 16, 2018, and infringed on the victim’s residence.

B. According to the evidence duly adopted and examined by the court below, the victim C did not have any alcohol that the defendant was in his house at the investigative agency, and there is no other evidence to prove that the victim C was in his house for the purpose of larceny, and there is no other evidence to prove this differently since the court below's decision is just and acceptable, and there is no error of misconception of facts as alleged by the prosecutor, and there is no ground for appeal by the prosecutor.

3. In a case where there is no change in the conditions of sentencing compared to the first instance court’s judgment on the assertion of unfair sentencing, and where the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015).