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(영문) 인천지방법원 2019.10.17 2019노1048
주거침입등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) The Defendant did not assault the victim D by mistake of facts.

Dob. The punishment sentenced by the court below on unreasonable sentencing (three million won of fine) is excessively unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible.

2. Determination

A. The defendant asserts that although the defendant made a mistake of facts in order to admonish himself/herself of the victim who is his/her father, the defendant does not have a clear fact as to the victim's shoulder as stated in the facts charged.

The video CD, which is the video taken by the victim at the time of the instant case, does not directly have the face of assaulting by the Defendant, such as pushing the shoulder of the victim.

However, the victim and the witness B consistently testified from the investigative agency to the court of the court below that “the defendant committed an assault, such as harming the victim’s shoulder.”

In addition, when examining the above victim's video CD, it is recognized that the defendant took a very close place to the victim while taking the victim's bath, and the screen taken by the victim is seriously shaking, and that the victim resists the victim's why he would be distorted. This situation is consistent with the contents of the victim's statement.

This circumstance and according to the evidence duly adopted and examined by the court below, this part of the defendant's assertion is without merit, since the defendant has abused the victim.

B. The Defendant committed the instant crime even though he/she tried to intrude upon the victims’ residence on three occasions around July 2018 and was suspended from indictment due to the attempted crime, and the extent of the Defendant’s assault was not limited, the Defendant’s criminal history, the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and thereafter.

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