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(영문) 대전지방법원 2017.11.09 2017노1710
주거침입
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of the facts) is as follows: (a) Defendant was found to have violated the Defendant’s residence; (b) the Defendant was found not guilty of the Defendant; and (c) the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. Determination

A. On September 22, 2016, the Defendant infringed upon the victim’s residence by passing through the stairs of self-feassium, leading the victim to the house and leaving the house at around 22:20 on September 22, 2016, on the part of the victim D(68) located in Geumnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, for the reason that the victim's multiples of sublime, coming out of the drainage way, and it interferes with the entry of the vehicle.

B. In light of the circumstances as indicated in the judgment of the court below, which are acknowledged by the records, the court below held that the stairs leading to the victim's house does not belong to the summary of the crime of intrusion, which is the object of the crime of intrusion, and that the defendant was faced with the stairs from the stairs without entering the victim's house, cannot be ruled out. Thus, the facts charged in this case are proved to the extent that the reasonable doubt can be ruled out.

The court determined that it could not be seen.

(c)

Examining the above judgment of the court in comparison with the records, the judgment of the court below is just and acceptable, and there is no error of mistake as to the facts alleged by the prosecutor (in the process of the defendant's taking away from the stairs, so long as the defendant was put into the maths of sublime, it is not sufficient to recognize that the evidence submitted by the prosecutor has been put into the math, and that it has actually reached the extent of harming the peace of residence).3.

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