절도등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 300,000.
The above fine shall not be paid by the defendant.
1. The gist of the grounds for appeal is as follows: (a) the Defendant: (b) entered the said house upon the request of the current tenant E, who was the tenant of the building, to post a board of directors, electric wires, etc.; (c) thereby opening the board of directors and electric wires, etc.; and (d) therefore, the Defendant cannot be recognized as committing intrusion upon residence and larceny, such as the facts charged
Nevertheless, the judgment of the court below which found the defendant guilty is erroneous in misconception of facts.
2. Determination
A. The following circumstances acknowledged by the lower court’s judgment on the Defendant’s assertion of mistake of facts and the evidence duly adopted and investigated by the court below and the trial court. In other words, E had resided in the victim’s house as the tenant at the victim’s house and went to the director around April 14, 2013. The instant box and electric cable at the above house were installed by the victim D, and the victim D was in possession and management around April 17, 2013, when the Defendant brought the above box and electric cable. E, at the investigation agency and the court of the lower court, provided that “B before the director’s request for the disposition of the Defendant, the Defendant was informed of the present pipe password by requesting the disposition of the bed and cooling, but, after the director’s request, K made no consistent statement that “B did not go through the phone and electric cable to the Defendant and made a clear statement to the effect that it was the victim’s request.”
Even if it is difficult to view that the Defendant would bring about the instant decoration and electric cable installed by the victim D, and the Defendant removed not only the instant decoration and electric cable but also the type light installed in the place of the house, and thereafter, the instant decoration.