특수상해등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the above punishment shall be imposed for three years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. misunderstanding of facts, ① the victim C was presumed to have impliedly approved the residence of the defendant, and was residing in the container managed by the above victim, and ② the victim I did not assault.
Nevertheless, the court below erred by misunderstanding the fact about it and thereby affecting the conclusion of the judgment.
B. The sentence imposed by the lower court (one year of imprisonment) is too unreasonable.
2. Determination
A. In light of each of the following circumstances revealed in the judgment of the court below as to the assertion of misunderstanding of facts concerning the 1st crime of entering a structure: (a) the victim C leased and used the land in Seopopo-si B from the AI end society; (b) the victim’s mother is living in the above victim’s mother; and (c) the victim has kept pro ratas in the above container after the victim’s mother’s death; and (d) the above victim did not seem to have any special relation with the above victim, and there seems to have been any conflict between the defendant and the above victim with the above victim in relation to the above crime of entering a structure; (e) the victim’s electric charges, etc. were delayed due to the Defendant’s unauthorized residence without permission; and (e) the victim requested the head of the Secretariat to suspend the supply of the above container with electricity charges to the Korea Electric Power Corporation on July 2018; and (e) the above victim supplied the aforementioned text message to the defendant as a result of the suspension of the supply thereof.