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(영문) 부산지방법원 2014.02.21 2013노3490
건조물침입
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: (a) the Defendant directly visited the main points of this case before the victim D takes over the main points of this case and received a request for replacement from the previous business owner who operated the main points of this case; and (b) at the time of this case, visited the main points of this case to exchange ice ice rinks; and (c) there was no intention to intrude a structure; and therefore, (d) the Defendant guilty of the facts charged of this case.

2. According to the evidence duly adopted and examined by the court below, the defendant can be found to have not installed a pen on the part of I, a company managing the ice in this case, and on the part of the main points of this case, prior to the crime of this case. Thus, it is difficult to understand that the defendant, a retired employee, visited the main points of this case in order to replace a pen without the defendant, and the defendant's investigation agency asserted that about December 20, 2012, the defendant purchased 15 a pen to replace the ice in this case, but did not submit objective data on the ice purchase, but he purchased 8 a pen on January 3, 2013, which is the day of the crime of this case, which is the day of the crime of this case, and thus, it is difficult to accept the defendant's assertion that the defendant lawfully adopted the evidence of this case, while considering the fact that the defendant had purchased 15 a pen around December 20, 2012.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

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