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(영문) 서울서부지방법원 2013.11.14 2013노1089
주거침입
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the factual error) found the victim D's house in order to obtain the loan from the defendant, and entered the victim's house with the victim D's consent, but the court below found the defendant guilty of the facts charged of this case, which affected the conclusion of the judgment by misunderstanding the facts and misunderstanding it.

2. According to the evidence duly adopted and examined by the court below, the defendant takes the first race at the victim D's house, and the victim took the second and third floors of stairs between the second and third floors, and opened a iron gate installed there. The defendant was a arbitr victim's shot and shot a shot, and entered the victim's house, and the victim's or the person living together with the victim did not permit the entry of the defendant. In the same regard, the court below found the defendant guilty of the facts charged in this case that the defendant infringed upon the victim's residence. Thus, the defendant's assertion of mistake of facts is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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