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(영문) 서울중앙지방법원 2015.01.08 2014노3613
주거침입
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

Since the defendant has entered another person's residence to claim his rights and interests, it is not a crime or there is no need to punish him.

The punishment sentenced by the court below on unreasonable sentencing (one year of imprisonment with prison labor, four months of suspended execution, one year of suspended execution) is too unreasonable.

Judgment

It cannot be justified solely on the ground of the assertion of misapprehension of the legal principles that the act of intrusion upon another person’s residence cannot be justified. Furthermore, in this case, the defendant filed a complaint that “10 million won loan certificate” was stolen by the victim’s wife E, but received the decision to dismiss an application for adjudication, and even though he had infringed upon the victim’s residence and had been punished for the crime of intrusion upon the victim’s residence, the defendant committed the crime of this case. Thus, it cannot be deemed that the instant act of intrusion upon the residence of this case does not constitute a crime as an act of asserting the defendant’s rights and interests, or that the necessity of punishment is weak.

Therefore, the defendant's assertion of legal principles is without merit.

The crime of this case on the assertion of unfair sentencing is a crime of impairing the living reputation of the victim's home after being sentenced to a fine on October 2, 2013, when the defendant filed a complaint with the victim's wife E on the theft charge of "10 million won loan certificate" and was subject to the decision to dismiss an application for an adjudication, and then was sentenced to a fine on October 2, 2013, which infringed upon the victim's residence, and then infringed upon the victim's residence, and thus, the crime is not suitable for the nature of the crime. It is determined in consideration of all the circumstances as alleged by the court below, and there is no special change in circumstances that the court below should change the punishment of this case at the time of the trial, and there is no special reason to change the situation that the court below should change the punishment of this case at the time of the trial, and there are various other conditions that form the conditions for sentencing as shown in the records and arguments, such as the motive for

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