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(영문) 서울동부지방법원 2014.11.13 2014노538
폭력행위등처벌에관한법률위반(공동주거침입)
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor's summary of the grounds for appeal by the prosecutor, the facts charged of the instant case can be acknowledged, where the defendant conspireds to possess the office of this case with C, etc. against the complainant's will and opened the office while the office of this case was brought in by C, etc., and thereby preventing the complainant from entering the office of this case. Even if the defendant was not invited to have a residence intrusion with C, etc., he/she was a manager of the key of the instant office of this case, and it is difficult for the defendant to commit the instant crime without his/her own aid, and it can be clearly recognized that it was easy for C, etc. to intrude into the office due to his/her own act, thereby aiding and abetting the defendant in violation of the Punishment of Violences, etc. Violences, etc. Act (joint residence intrusion).

Nevertheless, the lower court erred by misapprehending the facts and acquitted the Defendant of the facts charged in this case.

2. Determination

A. As to the assertion of mistake of facts, the court below found the defendant not guilty of this part of the facts charged on the ground that the defendant was not guilty on the grounds that there is no other evidence to acknowledge it, in full view of the circumstances stated in the judgment on this part of the facts charged against the defendant, as stated in the facts charged, C, D, and E, and there is no other evidence to acknowledge it. The court below's decision of not guilty of this part of the facts charged against the defendant is just and acceptable (the same applies even if the evidence submitted by the prosecutor in addition to the additional evidence submitted by the prosecutor at the time of the trial).

(2) 2) The crime of non-compliance with the part concerning the conjunctive charges refers to the body of the actor in a residential place, etc.

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