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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal is that the Defendant: (a) opened several entrance doors to enter the victim’s house at around the time specified in the facts charged of the instant case; and (b) opened several doors to intrude the victim’s house, and (c) opened the doors; and (d) there was commencement of intrusion upon residence.
However, the judgment of the court below which acquitted the Defendant of the facts charged in this case on a different premise is erroneous in the misapprehension of facts.
2. Determination
A. On October 17, 2017, around 19:45, the Defendant found an apartment with the victim D, 205 Dong 102-dong 102 around 17, 2017, the summary of the facts charged was that the victim’s residential entrance was opened several times, and the victim’s residential entrance was obstructed by attaching a shotra rail, and carried out several times, thereby impairing the peace of the victim’s dwelling and impairing the victim’s house, but the victim failed to open the entrance.
B. 1) The finding of guilt in a criminal trial ought to be based on evidence with probative value, which makes it possible for a judge to have a reasonable doubt that the facts charged are true, to the extent that there is no reasonable doubt, and if there is no such proof, the conviction cannot be determined even if there is a suspicion of guilt against the defendant.
In addition, in light of the fact that the appellate court has the character as a post-trial and the spirit of substantial direct trial as provided in the Criminal Procedure Act, there is insufficient evidence to exclude reasonable doubts after the first instance court has gone through the examination of evidence such as examination of witness, etc.
In a case where a not-guilty verdict is rendered on the facts charged, if the probability or doubt about some opposed facts may be raised as a result of the appellate trial’s trial, but it does not reach the extent to sufficiently resolve the reasonable doubt causing the first instance trial, such circumstance alone alone does not suffice to prove the crime.