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(영문) 의정부지방법원 2015.11.20 2015노1198
주거침입
Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by a fine of 500,000 won.

The above fine shall be imposed on the defendant.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the Defendant (a fine of KRW 800,000) sentenced by the lower court is excessively unreasonable.

(B) The defendant explicitly withdraws his assertion of mistake of facts on the date of the first instance trial.

1) In full view of the evidence and circumstances submitted by the prosecutor, such as the victim’s statement of mistake (as to the acquittal portion at the time of original adjudication), the court below’s judgment which acquitted the Defendant of this part of the facts charged, contrary to the mistake of mistake, has an error of law that affected the conclusion of the judgment by misunderstanding of facts, although it can be sufficiently recognized that the Defendant infringed the victim’s residence without permission even on August 19, 2014.

2. Determination

A. On August 19, 2014, around 23:45, the Defendant: (a) opened a door that was not corrected for the first time to the multi-household in which the victim C resides; (b) entered into the multi-household house; and (c) intrudes upon the victim’s residence by using public stairs; and (d) the lower court and the lower court asserted that the Defendant did not have the victim’s house at the same time; (c) the Defendant alleged that the said temporary border did not have the victim’s house; (d) there was C’s accusation and the police statement as evidence conforming to the facts charged; and (e) C’s statement was made around 23:45 on August 19, 2014 by deeming that the Defendant was the victim’s phone or that the Defendant was the victim’s phone; (b) on the other hand, the above statement was merely made and the two questions were found before the victim and the Defendant’s house and the following day.

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