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(영문) 대전지방법원 2019.11.28 2019노1899
특수협박등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant: Error of facts, misunderstanding of legal principles, or misunderstanding of legal principles, although the Defendant entered the residence of the victim E, the Defendant did not have the intention of entering a residence at the time, in light of the characteristics of the victim E’s residence and the circumstance of entry by the Defendant that the husband of the victim E is frequent due to the relationship with the other party, etc., the Defendant’s implied consent to the entry of the victim E was obtained, and the Defendant’s de facto peace and peace in the residence of the victim E cannot be said to have been broken as a result of the Defendant’s entry. Even if the Defendant’s act of entering a residence was acknowledged, the Defendant did not have the awareness and acceptance of the fact that he would use the dangerous goods at the time as carrying the dangerous goods at the time, and therefore, cannot be recognized as a liability for special residential intrusion. 2) The sentence (six months of imprisonment) sentenced by the lower court in the summary

B. Prosecutor: The sentence imposed by the lower court on the grounds of unreasonable sentencing is too uneasible and unreasonable.

2. Determination

A. The lower court, based on its stated reasoning, determined that the Defendant could not be deemed to have entered the victim E’s residence with the permission of the victim E, and it is reasonable to view that the Defendant had the intention of entering the residence of the victim at least, but the Defendant had the intention of entering the residence of the victim.

In full view of the facts and circumstances, such as the 3rd '2. Judgment of the court below, which was duly adopted and investigated by the court below, the judgment of the court below which convicted the defendant of this part is just. In addition, when considering the circumstances cited by the court below, it is the fact that the actual peace in the residence of the victim E was damaged as a result of the defendant's entry and use as a dangerous article by the defendant at the time.

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