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(영문) 수원지방법원 2018.09.07 2018노3706
주거침입등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of the grounds for appeal 1) Prosecutor (1) misunderstanding the facts (non-guilty part) 1) , the lower court’s judgment that acquitted each of the facts charged is unreasonable in that it is as follows.

(1) In full view of the statement of the injured party and the circumstances at the time, the defendant plucked or plucked the injured party's fingers by using a hand hand other than left hand.

may be appointed by a person.

(2) Definite G may not accurately memory the situation at the time after the occurrence of the instant case, and even if based on the statements of other employees who served in the victim’s maintenance room, the fact that the Defendant took a bath against the victim may be sufficiently recognized.

(2) The sentence of the lower court (one million won in penalty) that is unfair in sentencing is too unhued and unfair.

2) The lower court’s determination that found Defendant (1) guilty of this part of the facts charged in the following point of view and misapprehension of the legal doctrine is unreasonable.

(1) The Defendant who intrudes upon a house is aware that the victim was living in the building of this case, and thus, there was no intention to intrude upon a house.

② The Defendant’s act constitutes the defense of a political party, since the Defendant’s act was only passively resisted to oppose the assault and assault against the Defendant.

(2) The sentence of the lower court’s improper sentencing is too unreasonable.

2. The prosecutor bears the burden of proving the facts charged in a criminal trial as to the prosecutor’s assertion of mistake of facts, and the conviction should be based on evidence with probative value sufficient for a judge to have the conviction that the facts charged are true to the extent that there is no reasonable doubt.

Therefore, if there is no such evidence, even if there is suspicion of guilt against the Defendant, it is inevitable to determine it as the benefit of the Defendant (see Supreme Court Decision 2010Do9633, Nov. 11, 2010). The circumstances cited by the lower court are different.

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