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(영문) 수원지방법원 2016.05.13 2015노6924
폭력행위등처벌에관한법률위반(공동상해)등
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor of the fact-finding, Defendant A brought all cosmetic keyss to the victim on April 12, 2015, and delivered them to the victim, thereby terminating a cosmetic relationship implicitly, and the possession of the cosmetic room was transferred to the victim. Thus, the Defendants’ entry into the cosmetic room jointly on April 17, 2015 constitutes a intrusion upon residence. However, the lower court erred by misapprehending the fact that the Defendants were acquitted, thereby adversely affecting the conclusion of the judgment.

B. Each sentence (the suspended sentence of a fine of KRW 500,000) against the Defendants in the lower court’s unfair sentencing is too uneasible.

2. Determination

A. As to the prosecutor's assertion of misunderstanding the facts, the summary of the public prosecutor's room [the violation of the Punishment of Violences, etc. Act (joint residential intrusion)] Defendant A is a person who operated the E Beauty room with the victim F in Mayang-gu, Mayang-gu.

Defendant

A shall, on April 12, 2015, file a claim with the victim that he/she will discontinue his/her business with the victim and then terminate his/her business.

and the defendant has been managed

The key to the cosmetic was issued.

Although Defendants transferred the possession of the cosmetic, as seen above, jointly and without the consent of the victim F around 15:00 on April 17, 2015, the Defendants opened the cosmetic door using a auxiliary key owned by Defendant A and intruded into the cosmetic room of the victim.

2) The lower court determined that the following facts, which can be acknowledged by the evidence duly adopted and examined by the lower court, are as follows: ① Defendant A sent the key to the victim around April 12, 2015, and the next day.

The facts that the victim had been ever, ② the fact that the victim had talked to the effect that he had talked well by telephone to Defendant A, ③ Defendant A and the victim came back again, and Defendant A were able to manage money in the future while he was the president of the beauty room.

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