상해등
All appeals by the defendant and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. As to the injury of Defendant 1’s misunderstanding of facts, the Defendant merely caused the injury by asking the victim F’s buckbucks in the course of making the victims and vagabonds, and did not cause any other injury as stated in the facts charged.
B) As to the refusal to leave, the Defendant visited the house again in order to search for the things (such as her mother and child and children’s intelligence) that the Defendant has been placed in the house, and there was no doubt that the Defendant again visited the house, and that the Defendant demanded to leave from the damaged person.
2) The sentence of the lower court’s improper sentencing (one year of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence is too uneased and unreasonable.
2. Judgment on the Defendant’s assertion of mistake of facts
A. In full view of the circumstances such as the defendant's act, the situation before and after the crime was committed, the witness H's statement conforms to the victim's statement, the victim's medical certificate issued at the time of receiving treatment after the crime was committed, and the victim's photograph taken immediately after the crime, etc., the defendant's statement of the victim that corresponds to the facts charged can be sufficiently recognized as having inflicted an injury by assaulting the defendants as stated in this part of the facts charged.
This part of the assertion of mistake is without merit.
B. As to the refusal to leave, the crime of refusing to leave under Article 319(2) of the Criminal Act is de facto the peace and legal interest of the protection thereof, and the crime is established if a person does not comply with the demand for eviction from his/her residence, etc. (see Supreme Court Decision 2015Do4048, Dec. 10, 2015). According to the evidence duly adopted and investigated by the lower court, the Defendant inflicted an injury upon the victims by assaulting the victims at the female house operated by the victims around March 3, 2017, and the Defendant dispatched upon receiving a report.