방실침입등
All appeals filed by the defendant and prosecutor are dismissed.
1. On May 14, 2013, when the defendant received a notice of receipt of court records from this court on the receipt of the court records, he did not submit the grounds for appeal within 20 days from the deadline for submission of the grounds for appeal; the petition of appeal does not state any grounds for appeal; even if examining records, no grounds for appeal can be found ex officio; thus, the defendant's appeal shall be dismissed by decision in accordance with Article 361-4(1) of the Criminal Procedure Act; however, as long as the court rendered a judgment on the prosecutor's appeal,
2. Determination on the prosecutor’s appeal
A. The summary of the grounds for appeal (the fact-finding or misunderstanding of legal principles) (1) did not have the victim E’s explicit consent at the time of entry of the defendant, and the victim refused the defendant’s request for interview, such as avoiding the defendant’s unreasonable demand due to the absence of the victim’s telephone, etc., and thus, became aware that the defendant was taking place, even if the defendant knew that the defendant did not consent to the entry of the defendant, it constitutes a violation of the victim’s will. The access to the room of this case constitutes the defendant’s entry even if it is apparent that the defendant did not consent to the entry of the defendant. The defendant sufficiently recognized such situation
Nevertheless, the lower court acquitted the Defendant of this part of the facts charged on the ground that the victim was unable to accurately memory at the time two years have elapsed since the date of the occurrence of the instant case.
(2) Comprehensively taking account of the victim’s consistent statement or the testimony of G, F, H, etc. of the case at the time of the victim’s injury and interference with business, the lower court fully recognized the charges of inflicting bodily injury on the victim by using violence, such as the victim’s back part of the back part of the victim by hand, salvating and smuggling, etc., which requires two-day medical treatment.