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(영문) 의정부지방법원 2019.06.21 2018노1849
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of the grounds for appeal (the factual error and inappropriate sentencing)

A. 1) The defendants' assertion on the violation of the Punishment of Violences, etc. Act (joint residence intrusion) is admitted to the defendants' assertion that they invaded the victim's residence, but the defendant Eul entered the victim's residence opened by the defendant Eul without the intention of residence intrusion. Since the court below judged that the defendants jointly invaded the victim's residence without the intention of residence intrusion, the court below asserted that the defendants' assertion on the violation of the Punishment of Violences, etc. Act (joint violence) was erroneous in the misapprehension of facts. 2) The defendants alleged that the defendant committed violence against the victim, but the defendant Eul did not have been involved in it, and the defendant Eul and the victim did not have a part of the facts charged. The court below found the defendants guilty of this part of the facts charged.

B. The lower court’s judgment on the Defendants’ assertion of unfair sentencing (the Defendant’s each fine of KRW 1.5 million) is too unreasonable.

2. Judgment on the defendants' assertion of mistake of facts

A. The lower court found the Defendant guilty of this part of the facts charged by compiling the evidence in its holding on the violation of the Punishment of Violences, etc. Act (joint residence).

In light of the following circumstances acknowledged by the evidence duly admitted and investigated by the court below, the defendants jointly invaded upon the victim's residence as stated in this part of the facts charged.

Therefore, the judgment of the court below based on the evidence judgment as above is just and acceptable, and the judgment of the court below cannot be viewed as an error of mistake of facts.

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