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(영문) 청주지방법원 2015.10.02 2015노364

주거침입

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) The Defendant’s act of intrusion upon the Defendant’s residence is a justifiable act that does not violate social rules and is therefore dismissed in accordance with Article 20 of the Criminal Act, since the Defendant’s act of intrusion upon the Defendant’s residence was a legitimate act that does not violate social rules.

Nevertheless, the judgment of the court below convicting the Defendant of all of the charges of this case on the ground that the Defendant’s act of intrusion upon residence was found to be illegal, which affected the conclusion of the judgment.

B. The punishment sentenced by the court below on unreasonable sentencing (three million won of fine) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination

A. (i) The judgment of the court below on the Defendant’s assertion of the misapprehension of the legal principle also changed to the purport that the Defendant alleged the above misapprehension of the legal principle, and the court below determined that the Defendant’s act of entering the instant residence did not constitute a justifiable act that does not go against the social norms, taking into account the following circumstances acknowledged by the evidence duly

On August 9, 2014, when the defendant entered the victim's house, the victim reported to the police, and the police called the victim's house and the police called the victim's house, but the defendant returned to the house of the victim.

In addition, the victim said that he was the defendant who entered his house on the same day.

On August 15, 2014, the defendant opened a gate of the victim and reported it to the police.

In addition, when the defendant went to the victim's house on September 9, 2014, the defendant opened the gate to the victim, but the victim did not open the gate.

In addition, the time and purpose of the defendant's intrusion on the victim's residence, and the defendant's residence.

참조조문