마약류관리에관한법률위반(향정)등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. misunderstanding of facts or misunderstanding of legal principles (as to attempted personal injury), the Defendant administered phiphonephones, and scambling the victim’s house gate inside and outside of the victim’s house gate, resulting in scambling the victim’s house gate, and did not have an intention to enter the victim’s residence against the victim’s will.
Therefore, the court below erred that the defendant was guilty on the charge of attempted residential intrusion even though the defendant did not have the intention of intrusion upon residence.
B. Mental and physical disorder (with regard to attempted personal injury) is that the Defendant committed a crime under this part of the condition of mental and physical disability or mental disability due to the administration of phiphonephone, and the responsibility should be dismissed or the punishment should be mitigated.
C. The lower court’s imprisonment (one year of imprisonment) against the Defendant is too unreasonable.
2. Judgment on misconception of facts or misapprehension of legal principles
A. The summary of this part of the facts charged (the attempted entry) was found in the residence of the injured party C (Inn, 62 years of age) in Suwon-si around 18:10 on October 30, 2019, the Defendant was absent from the same scopic medication in the same scopic angle as that of the said dwelling area due to the said scopic medication, and did not enter the scopic door, but did not enter the scopic with the wind of the scopic.
Thus, the defendant tried to intrude another person's residence, but did not have such intention but did not commit an attempted crime.
B. According to the evidence duly adopted and examined by the court below, the defendant asserted the same purport as this part of the grounds for appeal, and the court below acknowledged that the defendant was aware that he administered a phiphone and was absent from the sense of exchange, and immediately went into the victim's residence without the victim's consent, and that he was living in the victim's residence. The defendant was living in the victim's residence.