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(영문) 대법원 2017.11.09 2017도9552

주거침입등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of the prosecutor’s appeal, the lower court reversed the first instance judgment convicting the Defendant on the grounds that there was no proof of crime regarding the injury caused by assault among the facts charged in the instant case, and acquitted the Defendant

In light of the relevant legal principles and records, the lower court did not err by misapprehending the legal doctrine on injury to a crime of injury by assault or injury, contrary to what is alleged in the grounds of appeal.

In addition, the prosecutor filed an appeal against the entire judgment of the court below, but there is no evidence of objection against the remaining parts.

2. As to the grounds for appeal by the Defendant, the lower court, based on the circumstances indicated in its reasoning, abused the victim’s residence and assaulted the victim.

Based on the judgment of the court below, the remaining part of the facts charged of this case, excluding the non-guilty part.

In light of the relevant legal principles and records, the lower court did not err by misapprehending the facts contrary to the rules of evidence or by misapprehending the legal doctrine on the establishment of a crime of intrusion upon residence and intention, as alleged in the grounds of appeal.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.