beta
(영문) 서울북부지방법원 2019.01.24 2018노2067

주거침입등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

(a) There is no fact that a person enters H on June 28, 2018, when entering the building in the instant case (2018 Godan3686).

B. The lower court’s sentence against the Defendant of unreasonable sentencing (the imprisonment of eight months and a fine of one hundred thousand won) is too unreasonable.

2. Determination on the grounds for appeal

A. Comprehensively taking account of the evidence duly admitted and examined by the court below as to the assertion of mistake of facts, the following facts are acknowledged: ① in the case of H, which is the location of the instant case, the entrance fee is installed inside the first floor; ② in the case of the above entrance fee, the persons without the entry fee is restricted; ③ from June 28, 2018 to June 21:14, 2018 to the above entrance fee is not returned to the above entrance fee; ④ the Defendant: (4) on the same day, at around 21:17:19, the inspection was sealed by one male who has been suffering from half-out air conditioners, and entered the place according to that person before the entrance fee is closed; and (5) the security staff who had been working in the first floor of the time was present; and (3) on the same day, he was present, and the Defendant was present, and then the Defendant was removed, and then he was present at around 21:32,000.

As long as a set passed through the above method, it may be sufficiently assessed that the defendant invadedd the building managed by the victim G, unlike the crime committed on June 25, 2018, even if the defendant did not go up to the 20th floor of the building.

Therefore, the defendant's assertion of mistake is without merit.

B. As to the assertion on unfair sentencing, the court below sentenced the above sentence to the defendant on the grounds of sentencing as stated in its holding, and it is reasonable to respect the sentencing of the court below in this case where there is no change in circumstances to be newly considered in the trial.

Other character, conduct, family environment, health conditions, and victims of the defendant.