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(영문) 수원지방법원 2013.12.26 2013노5116
건조물침입
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the factual error, mental or physical disorder, and unreasonable sentencing) of the Defendant’s 13th floor B building of Suwon-si, Suwon-si, where the Defendant invadedd, and the Defendant had access to the above B building from time to time in front of the security room. At the time of committing the instant crime, it was merely a singing of the elevator’s 13th floor getting on and off the elevator’s house under the influence of alcohol to the effect that the Defendant’s 12th floor was drunk.

(M) Meanwhile, at the time of the instant crime, the Defendant was in a state of mental or physical disorder having no or weak ability to discern things or make decisions.

(b) mental disorder. Even if the defendant is found guilty, the punishment of a fine of KRW 500,000, sentenced by the court below, is too unreasonable.

(F) On February 2, 200, according to the evidence duly adopted and examined by the court below, the Defendant entered the above building B by drinking alcohol and finding an erroneous place. At the time of the instant crime, the Defendant first visited the above building (in the investigation record 30 pages) at the time of committing the instant crime, and the Defendant may recognize the fact of entering the above building’s first floor into the elevator, and then singing with the elevator up to 12th by drinking on the corridor. Thus, the instant facts charged can be fully found guilty.

The defendant's assertion of mistake is without merit.

In addition, according to the above evidence, although the defendant can be recognized that he was drinking at the time of the crime of this case, considering the circumstances revealed by the above evidence, the circumstances before and after the crime of this case, the defendant's behavior at the time of the crime of this case, etc., it cannot be deemed that the defendant did not have or lacks the ability to discern things at the time of the crime of this case.

The defendant's mental disorder is without merit.

In addition, the defendant has changed his name.

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