The prosecutor's appeal is dismissed.

1. The summary of the grounds for appeal is that the victim's apartment house is a place where the victim and his children reside together, and the defendant obtained the consent of his children; and

Even if a joint housing owner fails to obtain the consent of the victim, the crime of intrusion on residence is established.

Even so, the court below, even though the defendant infringed upon the victim's residence without permission, thereby impairing the peace of residence.

For the reasons that it is difficult to see that the defendant was acquitted.

2. According to the evidence duly admitted and examined by the lower court as to the prosecutor’s assertion, the following circumstances are revealed.

① On December 2, 2016, the aggrieved party sent the Defendant a text message stating “I am on the deposit of money,” “I am on December 16, 2016,” and “I am on December 16, 2016, I am on December 16, 2016 (the trial record 292, 293 page).” On January 1, 2017, I am on January 1, 2017.”

B. The phrase “I am you am you am you am?” sent a text message (the trial record 291,300 pages). The victim seems to have consented at least that the defendant entered the apartment of the victim at least on the day.

The judgment below

The crime List I No. 7-9 is one of the time when the victim consented to the defendant's apartment, so it is difficult to view that only a specific date or time-off access is an intrusion against the victim's will.

② The victim requested the defendant to see his children even on a day which is not an interview negotiation.

It seems that the defendant, without speaking the victim from accurate perspective, freely sent time to the apartment of the victim with his or her children or left his or her children.

In addition, at any time, the children of one victim will receive from the defendant at home.

The request was made (322~323 of the trial records) and the victim did not actively refrain from being aware of the fact.