2014Do3825 Residence

A person shall be appointed.

Defendant

Seoul Central District Court Decision 2013Do3916 Decided March 20, 2014

August 26, 2014

The appeal is dismissed.

We examine the grounds of appeal.

According to Article 383 subparagraph 4 of the Criminal Procedure Act, only a case on which death penalty, imprisonment with or without prison labor for an indefinite term or for not less than ten years has been pronounced, an appeal may be filed on the ground that the judgment of the court below has influenced the judgment.

Therefore, in this case where a fine is imposed against the defendant, the argument that the defendant did not infringe upon the victim's residence does not constitute a legitimate ground for appeal. Furthermore, even if examining the records in light of the evidence duly adopted by the court below and the first instance court, the court below did not err by misapprehending the legal principles as claimed in the ground for appeal.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Park Poe-young

Justices Min Il-young

Justices Lee In-bok

Justices Kim Jae-han