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(영문) 서울북부지방법원 2018.11.30 2018노1500
재물손괴등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts or misapprehending of the legal principles) is erroneous in the misapprehension of legal principles as follows.

A. Of the facts charged in the instant case, the Defendant visited the victim's house at about four years prior to the instant case, and visited the victim's house at least twice a week, and the relation was not completely cut off at the time of the instant case, and the visit to the said house on the day of the instant case was to bring about the defendant's clothes in custody. On the day of the instant case, prior to the victim's visit to the said house, the Defendant was to look at the said house at the victim's house with the purpose of the visit. At the time of the instant case, when the Defendant takes the front letter of the victim's house at the time of the instant case, he was feased by the victim as the victim's bridge, and after the Defendant entered the said house, the victim was feased by the defendant's clothes of the defendant who was placed in the said house.

In light of these circumstances, the victim can be seen as impliedly consenting to the defendant's entry into his/her house at the time.

B. As to the damage of property among the facts charged in the instant case, the Defendant did not know of the fact that the victim’s house was locked at the time of opening the door, and there was no intention to destroy the auxiliary locks.

In addition, since the above auxiliary locks have already been worn out and have never been effective, their utility cannot be deemed to have been damaged or lost due to the defendant's act.

2. Judgment on the grounds for appeal by the defendant

A. According to the evidence duly adopted and examined by the lower court on the part of the crime of intrusion upon residence, the Defendant: (a) transferred the victim and the victim her frighted with men of the mountain conference on May 2017, her flag, etc.; and (b) decided to her flag by her flag, etc.; and (c) the Defendant, at the time of the telephone call with the victim on the day of the instant case, discarded the clothes, etc. of the Defendant kept in the victim’s house.

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