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(영문) 청주지방법원 2019.01.24 2018노1405
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Of the facts charged in this case, the lower court dismissed the prosecution as to the assault against Victim C and sentenced the remainder of the charges, and only the Defendant appealed on the ground of mistake of facts, etc. among the lower judgment, and thus, the part of the lower judgment dismissing the prosecution which was not appealed by the prosecutor was separated and finalized as it is.

Therefore, the scope of this court's judgment is limited to the conviction among the judgment below.

2. Summary of grounds for appeal;

A. According to a mistake of facts or misapprehension of legal principles and each statement of grounds of appeal submitted by the Defendant and the Defendant’s defense counsel, the Defendant, as the grounds of appeal, states that all of the facts charged in the instant case ought to be erroneous or misunderstanding of legal principles as to each of the facts charged, but each of the facts charged in the instant case was obstructed by business operations as of May 18, 2018 among the cases No. 2018Da1215, May 18, 2018, the violence and special property damage as of May 14, 2018 among the cases No. 2018Da1396, the property damage as of May 19, 2018, and interference with business as of May 9, 2018 among the cases No. 2018Da15599, each relevant part of the facts charged is recognized, but only the circumstance leading to the crime is somewhat different, and each of the above facts alleged as grounds of appeal.

[1] As to the destruction and damage of special property on May 24, 2018 (1) of 2018, the Defendant did not have any intention to commit the act of assaulting the Victim P or destroying and damaging property on May 24, 2018 (2) as to the act of assaulting the Victim P or destroying and damaging property on May 24, 2018 (2).

3. On June 1, 2018, the defendant was living together with the victim T. Thus, even if the defendant entered the victim's residence, the crime of intrusion is committed even if he entered the victim's residence.

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