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(영문) 의정부지방법원 2020.05.14 2018노3702

주거침입

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant had sufficiently recognized that the apartment at the time of the instant case was a common residential space between C and the victim, who is his wife, but the lower court acquitted the Defendant of the facts charged on the part of the charge.

2. In full view of the circumstances stated in the judgment, the lower court found the Defendant not guilty of the facts charged on the ground that it is difficult to readily conclude that the Defendant, at the time of the instant case, perceived the fact that the instant apartment was a space where the victim and C reside together with the victim, and that there is no other evidence to acknowledge it

In addition to the circumstances indicated in the judgment below, in full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below and the court below, the judgment of the court below is just and acceptable, and it is hard to find any illegality that misleads the facts.

The prosecutor's assertion of mistake is difficult to accept.

① At the court of the court below, G expressed that “C was considered to be phishing condition. C was considered to be a person who maintains a normal marital life.” Even did not seem to be a person who maintains a normal marital life. Also, C was a high fact in an apartment building, G, the Defendant, and the workplace. At the time of visiting the apartment of this case, the apartment building of this case was the same as an abandoned house. At the time fung sung was snick, there was a 2-3 disease at the time fung snring, and no one was the same as the human life. G did not have any things presumed to be the victim’s goods. G visits to the apartment of this case only once.

“The point at which the Defendant and C completed the teaching system is the point at which C was changed, unlike the time when C makes a teaching system with the Defendant.”

② The injured party asserts that the apartment house of this case where C resides in Daegu but C resides in, is visited only once a week, but the date and time stated in the facts charged.