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(영문) 수원지방법원 2015.10.16 2015노2993
주거침입
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal: ① in light of the fact that the Defendant stated that the complainant did not have the identity of the complainant by telephone immediately after the instant case, the Defendant appears to have entered the officetel for the complainant at the time; ② Even if the Defendant did not enter the officehouse as a means of the complainant, it constitutes a crime of intrusion upon residence; ③ the Defendant’s change of the personal identification number of the complainant, and there is room to establish a crime of non-compliance with the evacuation from the time of changing the personal identification number of the complainant, the lower court found the Defendant not guilty of the facts charged in this case, and there is an error of law by misunderstanding the facts.

2. Determination

A. The lower court rendered a not guilty verdict on this part of the facts charged while sufficiently explaining the grounds for its determination.

Examining the evidence duly admitted and examined by the court below in light of the record, the evidence alone presented by the prosecutor was up to the defense of the complainant.

Inasmuch as it cannot be deemed that the Defendant had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had

B. Next, without the explicit consent of the complainants, the following circumstances are revealed as to whether taking the staff of the disease control company into the room of the complainants constitutes a crime of intrusion upon residence. In other words, ① the defendant is obligated to manage the leased building including the room that is legitimately adopted and investigated by the court below. ② The defendant notified the tenants of the collective text prior to the disease control to perform the disease control work and to perform the disease control work as it is even if it is not done on the day. ③

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