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(영문) 전주지방법원 2016.04.01 2015노1280

주거침입

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of the facts) did not infringe upon the victim’s residence, such as as described in the facts charged, the lower court found the Defendant guilty due to the mistake of the facts charged.

2. The defendant asserted the same purport as the above grounds for appeal in the court below, and the court below rejected the above argument in detail in the column of "decision on the issue". Examining the above judgment of the court below in comparison with records, the court below's decision is just and acceptable, and there is an error of law by mistake of facts as alleged by the defendant.

Therefore, the defendant's assertion is without merit.

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