beta
(영문) 수원지방법원 2016.08.24 2016노1675

주거침입

Text

The prosecutor's appeal is dismissed.

Reasons

1. That the defendant's act of opening and entering Maki as Maki at around 1:0 p.m. a new wall which is the main point of the grounds for appeal (misunderstanding of legal principles) has the reasonableness of the means and methods.

It is difficult to see it.

Therefore, this does not constitute “act that does not violate social rules.”

2. In light of the circumstances stated in its reasoning, the lower court determined that the Defendant’s act constitutes “act that does not contravene social norms” under Article 20 of the Criminal Act and thus, it was not guilty.

In light of the records, a thorough examination of the reasons cited by the court below for the judgment of innocence is just and acceptable, and there is an error of law by misunderstanding the legal principles as alleged by the public prosecutor.

Therefore, the prosecutor's above assertion is without merit.

3. According to the conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

참조조문