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(영문) 서울동부지방법원 2017.01.19 2016노1165

주거침입

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding: (a) the Defendant had justifiable grounds to visit the victim’s house by suffering a large number of damages; and (b) at the time, the victim opened a door in advance to allow the visit of the Defendant; (c) so the Defendant’s act does not constitute a residential intrusion or at least did not have an intention of intrusion upon the

B. The sentence of the lower court’s improper sentencing (an amount of KRW 300,000) is too unreasonable.

2. Determination

A. The lower court acknowledged the following facts based on the evidence duly adopted and examined by the lower court as to the assertion of misunderstanding of the facts; ① the Defendant and the victim continued to conflict due to the rainwater received from the Defendant before the instant case; ② the Defendant did not notify the victim of the visit in advance at the time of the instant case to the front of the front door of 201, and opened the front door of the front door of 201, and opened the front door of the front door of the front door of the front door of 201; ③ the Defendant asserted the removal of rainwater received at that place and expressed the victim’s desire for the victim. In light of the following circumstances, the Defendant harming the peace of the victim’s residence against the victim’s will that did not want the visit at that time when the instant case occurred until the front door of 201.

It is reasonable to see that there was an intentional intrusion on a house between the defendant and the present door of 201, while recognizing such circumstances, and as such, it is sufficiently recognized that there was an intentional intrusion on a house between the defendant and the defendant, the defendant

B. Although the defendant complains of economic difficulties in determining the unfair argument of sentencing, and the defendant has no previous conviction, it may be considered as an element of sentencing favorable to the defendant. However, the defendant's act did not reach an agreement with the victim up to the time of the trial, and the defendant seems to have shown good conditions.