성폭력범죄의처벌등에관한특례법위반(주거침입강간등)
The prosecutor's appeal is dismissed.
1. Summary of grounds for appeal;
A. In light of the fact that misunderstanding of facts H stated that the present door at the time of the instant crime is sleep and sleep, the victim and H stated that the Defendant did not drinking to the extent that he would have mistakenly found the house at the time of the instant case, the victim and H stated that it was easy for the Defendant to find out the secret number of the victim, the Defendant’s house and the victim’s house were flick, and the house structure of the Defendant and the victim were definitely different, the lower court did not recognize that the Defendant had the intention of residential intrusion at the time of the instant crime, despite the fact that the Defendant had the intention of residential intrusion at the time of the instant crime, but did not recognize that the Defendant had come to the victim’s house with the awareness that it was against the intent of the
B. The court below erred by misapprehending the legal principles on the entry into residence, which affected the conclusion of the judgment, since the defendant did not recognize the entry into residence since he did not recognize the victim's own house even though he did not immediately know that he did not have the victim's house, even though he did not have the victim's house.
2. Determination
A. As to the assertion of mistake of facts, the court below held that the defendant entered the victim's house with the awareness that it goes against the resident's will and that the defendant entered the victim's house with the awareness that it goes against the resident's will, among the evidence submitted by the prosecutor, the evidence submitted by the prosecutor at the 7th or lower of the judgment, the victim and the victim's studio H's investigative agency and court, each statement in the victim's room room room room room room, the victim's house structure and the defendant's entrance and exit report, etc. However, the contents of the statement by the victim and H are merely about the fact that the defendant entered the victim's residence.