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(영문) 서울서부지방법원 2016.04.21 2015노1593
방실침입등
Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. Summary of grounds for appeal;

A. The Defendant alleged misunderstanding of the facts or misapprehension of the legal doctrine, upon obtaining the consent of the victim, entered the D Public Notice Board 203 where the victim resides, and the victim only took the victim’s hand in order to protect himself/herself by attacking the Defendant himself/herself.

Although the defendant's act does not constitute intrusion and assault, or constitutes legitimate defense, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The lower court’s sentence (700,000 won 70,000 won) against the Defendant for the wrongful assertion of sentencing is too unreasonable.

2. In full view of the following facts admitted by the court below through evidence duly admitted and investigated by the court below on the assertion of misunderstanding of facts or misapprehension of legal principles, it can be sufficiently recognized that the defendant invadedd the victim under 203 of D Public Noticewon 203, where the victim resides without permission as stated in the facts of the crime in the judgment of the court below and there is considerable reason for the defendant's act to protect the present unfair

shall not be deemed to exist.

Therefore, the defendant's mistake of facts or misapprehension of legal principles is without merit.

0 The defendant found that the victim was 203 of the D Public Notice Board where the victim resides in order to comply with the damage of the victim by the Director of D Public Notice Board.

0 The victim knew that the defendant was found for the above purpose, but did not open a visit. The defendant opened a defect door to open a door by force using an emergency key.

0, however, even though the victim did not consent to the defendant's entry as a measure, the defendant entered as a measure of the person who suffered from the victim's own damage and brought a dispute to the noise of the road again.

0. As such, the defendant is punished for the victim and the trial cost.

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