건조물침입
All appeals are dismissed.
1. The grounds for Defendant A’s appeal should be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the selection of evidence and the probative value of evidence, which is based on the premise of fact-finding, belong to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act). The lower court, on the grounds stated in its reasoning, has acceptable the first decision that found Defendant A guilty of facts constituting a crime.
Recognizing that Defendant A’s assertion of the grounds of appeal as to mistake of facts or misunderstanding of legal principles was rejected.
The allegation in the grounds of appeal is the purport of disputing the determination of facts by the lower court. It is merely erroneous for the lower court’s determination as to the selection of evidence and probative value, which belong to the free judgment of the fact-finding court, and the reasoning of the lower judgment is not erroneous in its determination in light of the aforementioned legal principles and the relevant legal principles of the first instance court and the evidence duly admitted.
2. As to the reasons for Defendant B’s appeal, the lower court affirmed the first instance judgment convicting Defendant B of each of the facts constituting a crime, and determined that each of the Defendant’s acts did not constitute a justifiable act or self-help and was unlawful, and rejected Defendant B’s allegation in the grounds of appeal as to the mistake of facts or misapprehension of legal doctrine.
The allegation in the grounds of appeal disputing such determination by the lower court is merely an error of the lower court’s determination on the evidence selection and probative value, which actually belongs to the free judgment of the fact-finding court, and the reasoning of the lower judgment is examined in light of the aforementioned legal principles and the relevant legal principles of the first instance court and the evidence duly admitted, thereby exceeding the bounds of free evaluation of evidence.