beta
Text
The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal: (a) mistake of facts or misapprehension of legal principles concerning the acquitted part of the judgment of the court below (the point of residence intrusion); and (b) the defendant was living together with the victim and his married couple
In light of the above legal principles, the lower court erred by misapprehending the facts or by misapprehending the legal principles on residence, and acquitted the Defendant, even if it did not err by misapprehending the legal doctrine on residence, as it did not err in the misapprehension of the legal doctrine.
(2) The punishment of the lower court on the grounds of unfair sentencing (2.5 million won of a fine) is too unhued and unreasonable.
2. Determination
A. In full view of the following circumstances, which are admitted by the evidence duly adopted and investigated by the lower court, the lower court’s determination is justifiable in determining that the act between the Defendant and the victim upon entering the above location does not constitute an act of intrusion upon another’s residence. In so doing, the lower court did not err by misapprehending the facts or by misapprehending the legal doctrine on residence, and thus, the Prosecutor’s assertion is without merit.
① While the Defendant and the aggrieved were living together in the instant residence as married couple, the Defendant was living in the dormitory of the nearest Defendant office in the instant residence due to the conflict between her mother and her victim in the instant facts charged.
However, the defendant returned to the above residence when he was on a weekend or house, and even during the period when he was on a dormitory, he got a family trip like the victim.
2. The victim has changed the number of the entrance and exit of the dwelling area of this case in the court of the court below, only when children of the victim have changed the number, and some of them have changed to prevent the defendant from entering the court of the court below.