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(영문) 광주지방법원 2019.02.13 2018노2206
건조물침입
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal did not have entered the fourth female toilets of the Korea Institute of Social Science and Technology, as stated in the judgment of the court below, but the court below convicted the Defendant of the facts charged in this case. The judgment of the court below is erroneous in misunderstanding of facts.

2. Determination

A. The lower court determined that the lower court determined that: (a) it was difficult for the Defendant to sufficiently recognize that there was an error in light of the following circumstances, i.e., (i) the testimony of female students D, who appeared to have been present at the above female toilets; (ii) the fact that the Defendant was coming within the building of the above social science university for about one hour immediately before the crime was committed; (iii) the Defendant was proved to have moved to the above building and carried out the above building; (iv) the circumstances that were consistent, specific, and false to the lower court from the investigative agency to the court; and (v) the structure of the above social science university building and the toilet before and after the instant crime was committed; and (iv) the Defendant continued to display the toilets entrance from the toilet to the toilet; and (iv) the Defendant was aware that it was difficult for the Defendant to resist the said building without any defense as to the above D and F to the point that it was against the will of the manager of the above social science university, and thus, it was difficult to recognize the change in the circumstance of the Defendant’s suit.

B. In light of the records of the above fact-finding and judgment of the court below, the above fact-finding and judgment of the court below are just and acceptable, and the evidence submitted by the witness G and the defense counsel alone do not interfere with the recognition of the above crime, and it is possible to reverse this.

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