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(영문) 부산지방법원 2015.08.27 2015노1610

주거침입등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Regarding a mistake of fact-finding, the defendant entered the place of the complainant upon request of the complainant who requested to check the number of defects and entered the place of the complainant, which the complainant reported to the police as his/her intrusion, and there was no fact that the complainant intrudes upon the residence of the complainant.

As to the injury caused by violence, the Defendant did not have any act of assaulting the complainant as stated in this part of the facts charged.

B. Even if there is no unreasonable sentencing, the lower court’s sentencing (2 million won of fine) is too unreasonable.

2. Determination

A. The following circumstances, which can be acknowledged by the court below's duly adopted and investigated evidence, namely, ① the victim D made a statement that corresponds to the facts charged in the instant case from the investigative agency to the court below's court, and consistently made a statement about the Defendant's remarks and actions at the time, and the circumstances where the victim was injured by her son's son's son. In particular, there are no circumstances to suspect credibility of the victim's son's testimony; ② According to the CD reproduction result, according to the victim's son's son's son's son's son's son's son's son's son, the victim's son made a statement to the investigation agency to the court below, and the victim's son suffered from her son's son's son's son's son's son's son's son

Even if thereafter, it is reasonable to view that the victim’s opening a door against the victim’s will and entering the victim’s house constitutes an intrusion upon residence. ③ According to the photographs taken by the victim’s injured part, it can be easily confirmed that the victim suffered a studio on the part of the victim, such as a hick hand, etc., and that the victim’s injury caused another cause prior to the dispatch of the police officer.