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(영문) 서울중앙지방법원 2021.01.28 2020노1610

폭행등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal ① With respect to the issue of intrusion upon residence around April 2, 2018 to April 3, 2018, the Defendant was unable to properly memory as to whether the victim notified the Defendant of the password changed, but it is possible for the victim to be notified by telephone communications, etc. in addition to the text message, and around April 3, 2018, the victim had been drank with the Defendant “hicking so far” on April 3, 2018.

It is confirmed that the Defendant sent a text message stating “at the time of absence,” because it is proven that the Defendant went to a victim’s residence before sending the said text message, it is evident that the Defendant’s intrusion upon the Defendant’s residence is evident.

② With respect to the intrusion upon a residence around April 6, 2018 among the facts charged in the instant case, the purport of the victim’s informing the Defendant of the password is to proceed with all procedures for establishing the subsequent lease relationship when the victim does not exist, and does not consent to arbitrarily enter the damaged person’s residence, and the victim’s entry into the Defendant on April 10, 2018.

It may be necessary to see why he did not go to the house and that he did not go to the house.

When reducing money, it was confirmed that the Defendant sent a text message stating “Semann No. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S.C.s. S. S. S. S.S.

It is reasonable to view it.

③ With regard to the use of violence, the victim spits or spits a spite that the Defendant spits, and subsequently sent back only the fact of damage to the police officer dispatched thereafter.

“Although the statement was made to the effect that it was immediately explained to police officers of the fact that the Defendant spits or spits down, the victim’s statement did not hear the horses that the Defendant spits or spits down.

“A statement to the police officer” is made.