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(영문) 대구지방법원 2016.10.21 2016노3194
주거침입
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The crime of this case by misapprehending the legal principles was committed by the defendant's spouse residing in the house indicated in the facts charged of this case (hereinafter "the house of this case"), and committed the crime by misunderstanding that the defendant's spouse attempted suicide at the time of committing the crime of this case and misunderstanding that the defendant was in an imminent danger to his life or body. Since there is a justifiable reason for misunderstanding, the

Nevertheless, the lower court erred by misapprehending the legal doctrine on mistake of the premise of illegality, which found the Defendant guilty of the instant facts charged, thereby adversely affecting the conclusion of the judgment.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (700,000 won of a fine) is too unreasonable.

2. Determination

A. 1) The judgment of the court below also asserted the same purport as this part of the grounds for appeal, and the court below rejected the defendant's assertion that the defendant's allegation of the presumption of emergency evacuation was based on the circumstances in the judgment of the court of this case and the evidence duly adopted and investigated at the court below. 1) The defendant, despite the fact that the owner of the housing lease contract of this case was the E in the name of the defendant's wife and the defendant's assertion, despite the fact that the defendant was parked in the front of the housing of this case before the crime of this case, the defendant was the defendant's spouse residing in the housing of this case. 2) In light of the circumstances in the judgment of the court of this case, the defendant's assertion of the presumption of emergency evacuation was without merit.

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