(영문) 부산지방법원 2014.03.18 2013노3921 | 리걸엔진

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자간(%)

(영문) 부산지방법원 2014.03.18 2013노3921

주거침입

Text

The judgment of the court below is reversed.

The sentence of sentence against the defendant shall be suspended.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles is a legitimate act for debt collection, and thus, the court below found the defendant guilty of this part of the charges, which erred by misunderstanding of facts or misunderstanding of legal principles, which affected the conclusion of the judgment.

B. The lower court’s sentence on the ground of unfair sentencing (200,000 won of fine) is too unreasonable.

2. Determination

A. The legal interest of the Defendant’s assertion of mistake of facts or misapprehension of the legal doctrine is the crime of intrusion upon residence, so even if the Defendant’s assertion that the purpose of entering the victim’s house was to urge the payment of debt, the Defendant’s act of entering the victim’s house without permission constitutes the crime of intrusion upon residence.

Therefore, the defendant's assertion of misunderstanding of facts or misapprehension of legal principles is without merit.

B. The crime of this case on the assertion of unfair sentencing is deemed to be somewhat heavy in full view of the following facts: (a) the Defendant infringed upon the victim’s residence to collect or urge repayment of the above claim while the Defendant had a final and conclusive claim equivalent to KRW 58 million of principal and damages for delay against the victim, which was difficult to execute for a long time due to the lack of property available to the victim; (b) there are many circumstances to be considered in the course of the crime; (c) there are no criminal records of the Defendant; and (d) the Defendant has no criminal records of the same kind and economic circumstances; and (e) the Defendant does not repeat the crime while reflecting the depth and depth of the Defendant’s entire criminal act; and (e) other conditions

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

this Court recognizes the substance of the evidence and the summary thereof.

참조조문

-형사소송법 제364조 제6항

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