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(영문) 부산지방법원 2020.02.13 2019노3913
주거침입등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the facts charged in this case, the Defendant did not interfere with the victim’s marina business by force, such as assaulting the victim E, dividing the victim’s residence entrance number into the residence of the victim B, infringing upon the victim’s house, breaking the crypt operated by the victim G, leaving the cryp and cryping the cryp on the floor, etc.

Nevertheless, the judgment of the court below which found all of the charges of this case guilty is erroneous in misconception of facts.

B. The sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. In light of the spirit of the substantial direct and psychological principle adopted by the Korean Criminal Procedure Act to determine the assertion of mistake, if there are extenuating circumstances to deem that the first instance court’s determination on the credibility of a statement made by a witness of the first instance was clearly erroneous, or if there are exceptional circumstances to deem that maintaining the first instance court’s determination on the credibility of a statement made by a witness of the first instance court is considerably unfair, the appellate court should respect the first instance court’s determination on the credibility of a statement made by a witness of the first instance court, unless the first instance court’s determination and additional evidence examination

In light of the following circumstances, which are acknowledged by comprehensively taking account of the evidence duly adopted and examined by the court below (see, e.g., Supreme Court Decision 2006Do4994, Nov. 24, 2006). In light of the following circumstances, the defendant may sufficiently recognize the fact that the defendant assaultss the victim E, intrudes the victim B's residence, and interferes with the victim's marina business by force, the above argument by the defendant is without merit.

① On July 12, 2019, around 20:50 on July 12, 2019, the injured party B consistently sought and obscing in C Apartment D where the injured party resides, and opened the door door to the lower court.

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