The prosecutor's appeal is dismissed.

1. Summary of prosecutor's grounds for appeal;

A. According to the statements made by the victim of mistake of facts in an investigative agency and the statement made by the police officer dispatched to the scene, the court below acquitted the defendant on the ground that the defendant was sufficiently aware of his/her intrusion on the victim's residence.

B. The Defendant’s right to housing for an officetel as stated in the facts charged under the agreement with the victim under the name of the victim (hereinafter “the instant officetel”) is established only with the consent of the victim. The Defendant’s access to the instant officetel upon receipt of a separate notice from the victim and received a request for withdrawal was an intrusion against the victim’s will, the right to housing. However, the lower court acquitted the Defendant by misapprehending the legal doctrine on the crime of intrusion upon residence.

2. The court below found the defendant not guilty on the ground that the entry of the defendant and the victim were living together in the instant officetel at the time of the occurrence of the instant case, the defendant and the victim were also living in the instant officetel, and the victim was living in the said officetel as usual book and entered the said officetel as the defendant, and the victim was hedging the defendant, but the defendant did not definitely terminate the living relationship at the time of the instant case, and the entry of the password with the victim cannot be deemed as living together with the victim at the time of the occurrence of the instant case. According to the evidence duly adopted and investigated by the court below, the above judgment of the court below is just, and there is no error of law by misunderstanding facts or by misunderstanding legal principles as argued by the prosecutor, which affected the conclusion of the judgment.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.