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The judgment of the court below is reversed.
Defendant
The sentence for B shall be suspended.
Defendant
A shall be innocent.
Reasons
1. Summary of grounds for appeal;
A. Of the facts charged in this case, Defendant A (a) as to the entry of the victim, who was the lessee, left the key to the husband and wife, who was the lessor, and thus, Defendant A entered the house where the victim was living. However, the court below erred in the judgment by misunderstanding that the above defendant had invaded upon the victim’s residence with intent to commit a crime of intrusion, thereby adversely affecting the conclusion of the judgment. As to the crime of injury among the facts charged in this case, the court below erred in the misapprehension of the fact that the above defendant had inflicted an injury on the victim, notwithstanding the fact that the above defendant had not inflicted an injury on the victim, the court below erred in the misapprehension of the fact that the victim had injured the victim for about 14 days of medical treatment, such as the right shoulder, etc., and thereby affected the conclusion of the judgment.
B. In light of the overall circumstances of Defendant B’s instant case, the lower court’s punishment (fine of KRW 200,000) is too unreasonable.
2. Judgment on Defendant A’s assertion of mistake of facts
A. Around February 3, 2012, Defendant A, the summary of this part of the facts charged, as follows: (a) around February 3, 2012, Defendant A: (b) around the second floor of the above Defendant’s house located in Nam-gu, Busan; (c) on the second floor, the victim E, who leased three the second floor, did not receive KRW 20 million out of the lease deposit; and (d) on the floor to prevent another person from using the said room; (b) opened an entrance and intrudes on the victim’s residence by using the key attached to the bed; and (c) the victim, who was in custody to move to another place, was in order to establish the crime of intrusion upon residence as a crime of protecting the interest of de facto peace in the residence, the offender must have the awareness and intent of entering the residential space against the intention or presumed intention of the person having the right to residence; and (d) the offender had expressed or implied consent of the person having the right to residence.