재물손괴등
The defendant's appeal is dismissed.
Costs of trial in the trial shall be borne by the defendant.
1. Summary of grounds for appeal;
A. According to the testimony of the witness E of the court below, the victim made a statement to the effect that he can enter the apartment to E, and the defendant did not permit his access to the house.
Even if E followed the victim's door and misleads the Defendant to believe that he permitted access to the horses, the Defendant committed the instant crime by causing mistake that he/she has the victim's permission by believing the horses, and at least there was no intention to commit the instant crime, and at least there was no intention to commit any intrusion upon residence and damage to property.
③ Notwithstanding the absence of the victim’s intention to possess and manage the apartment of this case, the judgment below which found the defendant guilty is erroneous in the misapprehension of legal principles.
B. The lower court’s sentence of unreasonable sentencing (one million won by fine) is too unreasonable.
2. Judgment on misconception of facts and misapprehension of legal principles
A. In light of the content of the first instance judgment and the evidence duly examined in the first instance court, if there are extenuating circumstances to deem that the first instance judgment on the credibility of the statement made by a witness of the first instance was clearly erroneous, or if it is obviously unfair to maintain the first instance judgment on the credibility of the statement made by a witness of the first instance court in light of the results of the first instance examination and the results of additional evidence examination conducted until the closing of argument in the appellate court, the appellate court should not reverse the first instance judgment solely on the ground that the first instance judgment on the credibility of the statement made by a witness of the first instance is different from the appellate court’s judgment (see, e.g., Supreme Court Decisions 2010Do8227, Oct. 14, 2010; 2013Do11802, Nov. 28, 2013).
Judgment
(1) As to the above (1) and (3) argument, the court below rejected the witness E’s testimony in the judgment of the defendant and the defense counsel.