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(영문) 춘천지방법원 2013.05.01 2013노149
주거침입등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles 1) The defendant entered the residence of D and E as recorded in this part of the facts charged, but this only was intended to transfer tobacco to the above D, so the defendant did not intend to harm the peace of residence of D and E. 2) As to the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (obscenity using a communication media). However, the defendant sent text messages to E as recorded in this part of the facts charged, but this is merely sending them to E, and the defendant did not have any intention to arouse or satisfy the sexual desire of the defendant or others.

3) As to the violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, etc., of the Defendant sent text messages to E as described in this part of the facts charged, however, considering the relationship between the Defendant and E, this was not likely to cause fear or apprehension, and thus, the Defendant did not have any criminal intent as to this part of the facts charged. 4) Although there was a fact that the Defendant posted a poster as described in this part of the facts charged, it was true that it was intended to protect the above E as a true fact, and thus, its illegality is dismissed under Article 310 of the Criminal Act

5) As to the violation of the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, etc. against G, the Defendant sent text messages to G as described in this part of the facts charged. However, considering the relationship between the Defendant and G, etc., this was not likely to cause fears or apprehensions by G. Furthermore, the lower court’s sentence against the Defendant, which was sentenced by the lower court on unreasonable sentencing, is too unreasonable.

2. Determination

A. Regarding the allegation of mistake of facts or misapprehension of the legal principle, one residential intrusion is judged.

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