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(영문) 서울중앙지방법원 2015.10.15 2015노2757
모욕등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. There is no fact that the Defendant attached a means of intimidation to the victim D who argued mistake of facts or misapprehension of legal principles, and there is no sound to the victim C as to the insult, and it is difficult to view that the victim C has impaired the utility of property since it can easily put the abortion by means of a width, etc. as to the damage and damage of property, and since anyone who had resided in the past with regard to the intrusion of residence, enters into a public door with which anyone can have access, it cannot be deemed that it constitutes an invasion of residence.

Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, thereby finding guilty of each of the facts charged.

B. The lower court’s sentence (fine 1,500,000) against the Defendant claiming unreasonable sentencing is too unreasonable.

2. Determination

A. In full view of the evidence duly adopted and examined in the lower court’s judgment on the assertion of mistake of facts or misapprehension of legal principles, the fact that the Defendant attached a threat to the victim D, and that the victim C expressed a desire by sounding “the value of taxable income within this year” in the old age as “the value of taxable income within this year.”

In addition, even if it can be dried by the width, etc., the act of falling on the wall, entrance, etc. as stated in the facts charged constitutes an act that undermines the utility of property by itself.

Furthermore, according to the above evidence, the entrance and exit of the defendant is a public entrance and exit. However, according to the above evidence, the entrance and exit of the defendant is a public entrance and exit, and it can be acknowledged that the entrance and exit is not permitted to all the residents. Even if the defendant has long resided in the area within the scope of the victim's residence against the victim's will. Thus, such act constitutes a residential intrusion.

As above, the above.

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