사기등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. In relation to the misunderstanding of facts and misapprehension of legal principles, the Defendant only entered a building to receive hospital treatment, and did not intrude into a structure against the manager’s will.
2) In relation to the intention of Section 1, the Defendant misleads the victim of the illness that the victim had collected in front of the house as waste, thereby misunderstanding it as a waste, and the Defendant did not have the intention of unlawful acquisition or theft.
3) In relation to the fraud, the Defendant paid both the intermediate or prepaid payment of meals to the victims, and there is no benefit of the Defendant by deceiving the victims and causing damage to the victims.
4) Nevertheless, the lower court erred by misapprehending the facts and misapprehending the legal doctrine, which found the Defendant guilty of each of the charges in this case.
B. The sentence sentenced by the lower court to the Defendant (eight months of imprisonment) is too unreasonable.
2. Determination
A. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the lower court can sufficiently recognize the Defendant’s intrusion of the instant structure against the manager’s will.
Therefore, this part of the defendant's argument is without merit.
① The police received a report from the injured party on the fact that “I knife is residing on the fourth floor of his/her building without permission,” and around November 28, 2017, around 13:58, at the time of dispatch to the site of this case, the Defendant’s clothes and food remaining after drinking were personalized.
② On November 30, 2017, the police received the same report from the injured party, and called the scene of this case, and discovered the Defendant, who was derived from the Defendant’s personal information on the floor at the site of this case.
(3) A defendant shall also have his/her own animals on the fourth floor of a building without permission or consent to the administrator of the building.