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(영문) 서울동부지방법원 2017.05.11 2016노1397
폭력행위등처벌에관한법률위반(공동주거침입)
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendants: (a) opened a door to the victim E, and opened it at the entrance of the entrance door, and opened it together with the said victim; (b) the Defendants infringed upon the victim’s residence; and (c) the Defendants took place with the said victim.

subsection (b) of this section.

B. The Defendant A’s act of political party has received money from the victim D in return for the previous loan to the victim D, and the above victim was absent. Thus, the Defendants’ act constitutes a justifiable act that does not violate the social norms and constitutes a justifiable act.

2. Determination

A. According to the evidence duly examined and adopted by the court below as to the assertion of mistake of facts, the defendants' intrusion upon the victims' residence is sufficiently recognized as stated in the judgment below.

The Defendants’ assertion of mistake in the above facts is without merit.

B. According to the records on the assertion of a justifiable act, the fact that Defendant A had the victim's collection with the intent to urge the victim A to repay the money borrowed to the victim D is recognized, but there is such circumstance.

Even if Defendant A requested accompanying to Defendant B, who is only his agent, and entered the victim's dwelling plan without the consent of the victims as stated in the judgment of the court below, it cannot be viewed as a legitimate act as an act that does not go against the social norms. Thus, the Defendants' assertion of the above legitimate act is without merit.

3. Accordingly, the defendants' appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendants' appeal of this case is without merit. It is so decided as per Disposition.

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