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(영문) 대구지방법원 2015.10.23 2015노188

주거침입

Text

The prosecutor's appeal is dismissed.

Reasons

1. Comprehensively taking account of the evidence submitted by the prosecutor to the gist of the grounds for appeal, the fact that the defendant intrudes upon the victim’s residence without permission of the victim E can be sufficiently recognized;

Nevertheless, the court below rendered a not-guilty verdict on the facts charged of this case. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

2. We examine the evidence of this case closely in light of the records. On the grounds stated in its reasoning, we find it reasonable that the court below found the defendant not guilty of the facts charged of this case on the ground that the evidence submitted by the prosecutor alone is insufficient to view the defendant as having entered the victim's residence without the victim's consent as stated in the facts charged of this case, and that there is no other evidence to acknowledge it. The court below's decision does not contain any error of law that affected the conclusion of the judgment by misunderstanding the facts as pointed out by the prosecutor, and therefore

3. Accordingly, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.