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(영문) 서울중앙지방법원 2015.11.13 2015노3039

주거침입

Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the first instance court erred by mistake of facts which found the guilty even though the defendant went to his/her residence after obtaining consent from the victim.

2. Comprehensively taking account of the evidence duly adopted and examined by the first instance court, the fact that the Defendant invadedd the victim’s residence against the victim’s will is recognized as stated in the judgment of the first instance court.

Therefore, there is no error of misunderstanding of facts in the first instance court which made the above decision, and the defendant's assertion on this is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit.