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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 의정부지방법원 2016.05.26 2015노2543
주거침입등
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal does not have any fact that the defendant entered the house of the victim or assaults the victim at the time of the instant case.

The defendant, who was the victim's home, did not go ahead of the victim's home, and rather, was the victim at the time of the instant case.

Nevertheless, the judgment of the court below which convicted the defendant of the facts charged of this case is erroneous in the misapprehension of facts and affected the conclusion of the judgment.

Judgment

In full view of the following circumstances acknowledged by the evidence duly admitted and examined by the court below, the defendant could have invaded upon the victim's residence and assault the victim as stated in the facts constituting the crime in the judgment below. Thus, the above assertion by the defendant is without merit.

The victim D and his/her dependent F are consistent with the investigative agency to the original trial court, and the defendant committed assault against the victim by putting in multiple times the entrance door bells of the victim at the time of the instant case, and taking in several times the entrance door passwords.

The statements of D and F may be trusted in light of the fact that the contents of D and F are specific and consistent to the extent that they cannot be made unless they are directly experienced.

F is also consistent with F’s statements as well as D/F’s report to the police at the time of the instant case and the victim’s side pictures.

On the other hand, the court's statement in the court below as shown in the defendant's defense was immediately next to the defendant's victim and F at the time of this case.

The statement was made but did not completely remove it.

As the J stated, it is difficult to believe it as it is, in light of the background leading up to the backcoming the Defendant at the time of the instant case, and the relationship between the J and the Defendant, etc., in light of the fact that it is difficult for the J to clearly understand it.

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that it is not reasonable.

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