(영문) 대전지방법원 2015.02.04 2014노3817 | 리걸엔진

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(영문) 대전지방법원 2015.02.04 2014노3817

야간주거침입절도등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Nos. 1 and 3 of seized evidence shall be charged to the defendant.

Reasons

1. Summary of grounds for appeal (the mistake of facts or misapprehension of legal principles, and unreasonable sentencing)

A. As to the facts charged of paragraph (1) of the crime of this case, the defendant did not bring about a cell phone after entering the house of the victim as shown in the facts charged of this case, but sent time together with the victim's house on the day of this case, and then bring about a cell phone with the victim's house at about 19:00, and it was intended to confirm that the victim had a telephone call from time to time with another male, and thus, it cannot be recognized as an intention of illegal acquisition. Thus, the judgment of the court below which found guilty of this part of the facts charged of this case was erroneous or erroneous in the misapprehension of legal principles as to the facts charged of paragraph (2) of the crime of this case, and there was an error of law by misunderstanding the facts or misunderstanding the legal principles.

2) As to the criminal facts No. 3-A, the Defendant, while drinking alcohol at the time of the instant case and drinking the victim’s house to drink the alcohol, did not go to the victim’s house while he was going on a rooftop to shoulder the alcohol, and even if he did not intrude upon a residence against the victim’s will, there is an error of law by misunderstanding the facts and making a judgment against this part of the facts charged. Furthermore, the lower court’s conviction against the Defendant of unfair sentencing (two years of imprisonment, confiscation, and 80 hours of completing the sexual assault treatment program) which the lower court sentenced against the Defendant, is unreasonable, because it is too unreasonable.

2. Determination

A. Judgment on the assertion of mistake of facts 1) The consent of the possessor of another person's property by the relevant legal doctrine concerning the facts constituting an offense 1 and 2.

유사 판례

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