주거침입등
The defendant's appeal is dismissed.
1. As to the summary of the grounds for appeal (definite person), the Defendant opened a door to the Defendant and entered it, and the Defendant visited the Defendant for a brupt and thus, the peace of the victim’s residence was not broken.
2. In light of the difference between the first instance court and the appellate court’s method of evaluation of credibility in accordance with the spirit of the principle of substantial direct examination adopted by the Korean Criminal Procedure Act as an element of the principle of court-oriented trial, the appellate court shall not reverse without permission the first instance court’s judgment on the sole ground that the first instance court’s determination on the credibility of the statement made by a witness of the first instance was clearly erroneous in light of the contents of the first instance judgment and the evidence duly examined by the first instance court, or that the first instance court’s determination on the credibility of the statement made by a witness of the first instance was clearly erroneous in light of the evidence examination conducted by the first instance court, or that the first instance court’s determination on the credibility of the statement made by the witness of the first instance is clearly unreasonable in full view of the evidence examination results by the first instance court and the result of additional examination by the time the appellate court concluded that the first instance court’s determination on the credibility of the statement made by the witness of the first instance court was different from the appellate court’s judgment’s determination (see, e.g., Supreme Court Decision 20111Do5313).