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(영문) 전주지방법원 2017.12.08 2017노1119
상해등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) While the Defendant did not intrude into the victim’s residence against the victim’s will, the lower court found Defendant guilty of this part of the facts charged, which affected the conclusion of the judgment due to mistake of fact.

2) Of the facts charged in the instant case, the Defendant did not assault the victim’s shoulder, etc. several times, and the lower court convicted the Defendant of this part of the facts charged, thereby adversely affecting the conclusion of the judgment by mistake of fact.

B. Prosecutor 1) In the facts charged in the instant case, the lower court, which did not recognize it, erred by misapprehending the legal doctrine, which affected the conclusion of the judgment, inasmuch as there was a misunderstanding of the facts as to the injury, or by misapprehending the legal doctrine, or by misapprehending the legal doctrine.

2) The sentence of the lower court that is unfair in sentencing (a sum of KRW 700,00) is too unhued and unfair.

2. Determination as to the Defendant’s assertion of misunderstanding the fact about intrusion upon residence among the facts charged in the instant case

A. On May 7, 2016, the Defendant: (a) around May 201, 201, at the home of the victim D (n, 54 years old); (b) on May 7, 2016, the Defendant urged the victim to repay the debt to E, who is living together with the victim; and (c) the entrance was set up, and the victim intruded the victim’s residence by entering the front door to the cell.

B. The lower court determined that, in full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the Defendant was sufficiently recognized as having invaded upon the victim’s residence against the victim’s will.

1) The Defendant and F set up the entrance of the studio, a residence of the victim in order to urge the victim to repay the debt to E living together with the victim, and the victim opened the entrance and reported it to the police.

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