logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2019.07.23 2018노1072
주거침입등
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

except that, for three years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The defendant of mistake of facts merely entered the victim's residence for the purpose of treatment with the consent of the victim's owner, and did not infringe upon the victim's residence, injured the victim, or damaged the property owned by the victim.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination on the grounds for appeal

A. On July 31, 2017, the summary of the facts charged in the instant case is as follows: (a) the Defendant was under the influence of alcohol on July 31, 2017, and went ahead of the Gangseo-gu Seoul Metropolitan Government’s residence C; and (b) went into the victim’s residence by an irregular method in order to see from the close place the dogs being cut back to the victim’s residence; (c) the victim intrudes the victim’s residence; (d) the time and time at the above time and place; (d) the victim’s face “ how we come into our house”; and (e) the Defendant was able to walk up the victim’s chest with knee and walk up the victim’s chest; (e) the victim’s body was removed to the victim’s 1 ton of the parked vehicle; and (e) the victim’s body was removed to the victim’s body, and (e) the victim’s body was removed to the victim’s body, and (e) the victim’s body was removed to the victim’s body.

(2) The following circumstances acknowledged by the evidence duly adopted and investigated by the court below, i.e., the victim consistently obstructed the opening of the 'new wall', and the Defendant was suffering from the opening of the 'new wall'.

arrow