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(영문) 대전지방법원 2020.05.07 2020노343
주거침입등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts, misunderstanding of legal principles, 1) No one saw the door of a residential intrusion, and entered the door pursuant to B and did not go against his will. Also, it constitutes a justifiable act because it was entered to receive the settlement of electricity charges not received from B. 2) The situation where the victim D was assaulted by assault and intimidation against D, and thus, constitutes self-defense or legitimate act.

3) Although there was no intention to obstruct the worship of tugboating, and there was no intention to return the received money, it constitutes a justifiable act. 4) There was no injury to the victim B, or spawn out or spawn out with assault and assault B.

B. The lower court’s sentence of unreasonable sentencing (eight months of imprisonment) is too unreasonable.

2. Judgment on misconception of facts and misapprehension of legal principles

A. In determining the credibility of the statements made by the victim, etc. supporting the facts charged, the court shall make an evaluation of credibility by taking into account all the circumstances that are difficult to record in the witness examination protocol, including the appearance and attitude of the witness, and the penance of the statement, which are hard to record in the witness examination protocol, after being sworn before a judge, and the appearance and attitude of the witness who is going to the public in the open court after being sworn, and the penance of the statement. In a case where the statements made by the witness including the victim are mutually consistent and consistent with the facts charged, they shall not be rejected without permission unless there is any other evidence that can objectively be objectively deemed to lack credibility (see, e.g., Supreme Court Decision 2012Do2631, Jun. 28, 2012). Our Criminal Procedure Act adopts as one of the elements of the trial-oriented principle, and the appellate court’s credibility and credibility according to the spirit of the direct examination of the first instance court and the appellate court.

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