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(영문) 광주지방법원 2018.09.12 2018노1894
야간주거침입절도미수
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In fact, the Defendant did not enter the victim’s front door password, but loaded a gas pipeline, and the lower court invadedd the Defendant with a password of the front door.

In this regard, the court below erred by misunderstanding the facts.

2) The lower court’s improper sentencing is too unreasonable.

B. The lower court’s sentencing is too uncomfortable.

2. Determination

A. Based on the evidence duly adopted and examined by the court below regarding the defendant's assertion of mistake of the facts, the victim stated in the police that "the victim, who was aware of the sound from the front floor of the building that she opened the door, but she returned to the house and she was frighted to visit the house, and reported to the police after opening the door again with the victim and her her her ties, and reported to the police without permission at the time of the first 112 report." ② According to field CCTV, the victim's 203 door number of the entrance door of the 1st floor of the building where the victim is living and opened into the building, and thereafter, the victim's she was found to have come to the house of the victim through the stairs, and the victim's she could not be found to have come to the house of the victim's her secret, as stated in the judgment of the court below, in full view of the following facts:

B. The Defendant committed the instant crime even though he had the same criminal record, and thereby again committed the instant crime.

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