강요등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (misunderstanding of facts or misapprehension of legal principles) is that the Defendants entered the victim’s residence to urge the victim to repay his/her obligation. As such, the obligees’ entry into the residence without the victim’s consent constitutes a violation of the victim’s intent, and thus, constitutes an intrusion upon residence. According to the consistent statement of the victim, the Defendant A forced the victim to assault the victim and sign his/her name on his/her own. The rest
K, I, and J showed the attitude that they would be detrimental to L or the victim's body, and they received from the injured party a letter of loan, a letter of waiver of land, a cash of 1.6 million won, etc.
Determination is reasonable.
Nevertheless, the lower court erred by misapprehending the legal doctrine and thereby adversely affecting the conclusion of the judgment.
2. The summary of the facts charged in the instant case is the obligees who lent money to L, and L and the victim M (57 years) from around 2009 to the victim’s house located in the Gangwon Yangyang-gun N.
A. Defendant A’s crime No. 1) The Defendant intruded upon his residence on March 14, 2015: (a) opened a door to the victim’s house located in Gangwon Yangyang-gun N around 19:30 on March 14, 2015; (b) opened the door to the victim’s house; and (c) intruded the victim’s residence.
2) The Defendant forced to leave the victim’s house at the time, place, such as the date, time, and place described in the preceding paragraph, opened the victim’s house, and entered the room, and carried the victim’s house, sealed the victim’s door with “this0 O’s agreement,” and carried the victim’s door with money lent to L who is a woman living together with him. L escaped, and the Defendant borrowed money from L to L, who is stamped on the guarantor’s column of the receipt lent money.
In addition, the security deposit shall be paid.
The contract deposit in which the victim has operated the P head by assaulting the victim in a manner that makes the victim sound.