주거침입
All judgment of the court below shall be reversed.
Defendant shall be punished by a fine of KRW 700,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. Error of fact-finding 1) The lower court’s judgment on this part of the facts charged (hereinafter “instant container”).
In light of the fact that the subject of moving the victim's residence to the victim is not the defendant, but the F clan, which owns the victim's residence, demands the victim to leave, and the existence of the container of this case does not actually infringe upon the victim's residence, the defendant does not have any intrusion upon the victim's residence. In addition, the defendant was aware that D was aware that he had obtained the victim's consent to the installation of the container of this case and the purchase of the container of this case, and thus, he did not have any intention to intrude upon the victim's residence. Nevertheless, the court below convicted the defendant of the crime of intrusion upon the victim by deeming that the defendant intentionally intruded the victim's residence as stated in this part of the facts charged. However, the court below erred by misapprehending the facts, which affected the conclusion of the judgment. 2) The second judgment of the court below erred by misapprehending the fact that the defendant entered the victim's residence to demand water supply charge, and thus does not infringe
Therefore, the judgment of the court below which found the defendant guilty of the crime of intrusion upon residence was erroneous and adversely affected by the judgment.
B. Each judgment of the court below on unreasonable sentencing (the first judgment of the court below: the fine of KRW 500,000, and the fine of KRW 300,000) is too unreasonable.
2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.
The first and second court rendered a judgment after having completed a separate hearing against the defendant, and the defendant filed an appeal against each judgment of the court below, and this court decided to consolidate the above two appeals cases.
However, it is based on the evidence duly adopted and examined by the court below and the court below.