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(영문) 의정부지방법원 2018.08.13 2018노1317
특수재물손괴등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-misunderstanding (special intrusion part) that the Defendant destroyed the door door of the victim’s house by knife it, but this did not open the door, and thereafter, she again opened the door door to the victim’s house after about 20 minutes and re-enters the victim’s house through open door door door to open door door, so it does not enter the victim’s house against the victim’s will.

Nevertheless, the judgment of the court below which found the defendant guilty on this part of the facts charged is erroneous by misunderstanding facts and affecting the conclusion of the judgment.

B. The sentence sentenced by the court below is too unreasonable, because it is too unreasonable for the court below to impose the sentence (nine months of imprisonment, confiscation).

2. Judgment on the assertion of mistake of facts

A. On February 26, 2018, the Defendant: (a) on February 26, 2018, the summary of this part of the facts charged: (b) destroyed the locking device of the suspender, which is a dangerous object at the victim E’s house located in Speaker-si; (c) went into the victim E’s house to intrude into the victim’s residence.

B. The lower court found the Defendant guilty of this part of the facts charged by compiling the evidence as indicated in its judgment.

(c)

The following circumstances revealed by comprehensively taking account of the evidence duly adopted and examined by the court below's judgment and the court below's judgment, i.e., the defendant demanded the victim's house on the day of the instant case to open a door by gathering the first race and expressing his name; the victim's door was started to open a door immediately with the victim's house without opening a fright door; ② The victim's door door was opened due to the shock of the defendant's hand, and the victim's door door was opened from several times.

The defendant does not open the door by accepting the entry of the defendant, and 3. The defendant enters the victim's house immediately after entering the victim's house through open entrance.

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