주거침입등
The defendant's appeal is dismissed.
1. The judgment of the court of first instance on the summary of the grounds of appeal (misunderstanding of facts) found all of the facts charged of this case guilty on the grounds of the statement of the victim without credibility, thereby misleading the facts and causing the error affecting the judgment.
2. The following circumstances acknowledged by the first instance court’s evidence duly examined and adopted by the court of first instance, namely, ① the testimony of a person who has witnessed or experienced the scene of the crime cannot be rejected without reasonable grounds. In light of the consistency and accuracy of the contents of the witness D’s statement, the victim’s credibility appears to exist; there is no reasonable ground to reject the credibility of the testimony; ② the victim was in compliance with the Defendant.
In light of the following circumstances, rather than the Defendant’s assertion that the victim voluntarily opened a door, the victim’s statement to the effect that the Defendant had a strong door to the door of 301 was more reliable, rather than the Defendant’s assertion that he/she opened a door, the victim’s statement to the effect that he/she had a strong assistant door to the door of her key is more reliable, the Defendant invaded on the victim’s residence as stated in the facts charged in the instant case, and was injured by the victim.
Recognized.
Therefore, the defendant's above assertion is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.