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(영문) 춘천지방법원 강릉지원 2015.01.13 2014노518
퇴거불응
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (fact-finding) has not committed the instant crime since the Defendant got into the victim's house because the Defendant had talked in the victim and had not been asked to leave from the victim.

2. The following circumstances can be acknowledged by the evidence duly adopted and investigated by the court below. In other words, the victim consistently stated from the investigative agency to the court of the court below that "the defendant followed the living room and room without the victim's response, and the police went out after the arrival of the police"; at the time the police was called upon the victim's report, the defendant was seated in the living room, sound, and D was taken out of the dwelling of the victim; and the police went out of the dwelling of the victim. In light of the facts charged of this case, it is sufficiently recognized that the defendant refused to comply with the victim's demand to leave due to the defendant's accommodation living together with D, and the defendant's assertion of mistake of facts is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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