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(영문) 서울중앙지방법원 2015.09.03 2015노1579
주거침입등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts, misunderstanding of legal principles, the Defendant entered the residence of the victim with the implied consent of the victim. The Defendant, without the victim’s restraint, divided the password and opened the door door and entered the victim’s residence. 2) The victim’s assertion on the injury is minor and cannot be deemed as an injury to the crime of injury.

Even if it falls under injury, the victim's injury was caused by the defendant's passive restraint of the victim's assault, and the illegality is excluded as self-defense.

B. The sentence imposed by the lower court (eight months of imprisonment and two years of suspended sentence) is too unreasonable.

2. Determination on the grounds for appeal

A. Regarding the assertion of mistake of facts and misapprehension of legal principles, the court below, as stated in the judgment of the court below, stated the judgment on the facts charged of this case under the title "the judgment on the point of dispute". According to the evidence duly adopted and examined by the court below, it can be recognized that the defendant entered the victim's residence against the victim's will, and that the defendant went into the victim's room due to the problem of repayment of debt, and caused the victim with the loss requiring four weeks medical treatment. Thus, all of the facts charged of this case are judged guilty (the defendant's act cannot be viewed as self-defense unless the defendant inflicted an injury on the victim with the intent of attack). Accordingly,

B. Although there are no circumstances to take into account the circumstances, such as the fact that the defendant deposited 2 million won to the victim under the name of criminal agreement in the lower court as to the allegation of unfair sentencing, and that the defendant has no criminal power exceeding the fine, the degree of injury to the victim is more severe, and the victim wants to take the penalty of the defendant even in the case of the party, and the lower court is the defendant.

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