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(영문) 창원지방법원 2015.11.26 2015노2019
주거침입
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant asserts that the judgment of the court below that the defendant infringed upon the victim's residence even though he did not know that C is living together with the victim at the time of entering the victim's residence, and that C impliedly consented to the defendant's entry, and therefore, C did not have any intention to infringe upon the victim's residence, the court below erred by misunderstanding the fact and thereby

B. The Defendant asserts that the sentence imposed by the lower court (one million won of fine) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The Defendant, at around 18:00 on July 27, 2014, entered the instant facts charged and invaded upon the victim’s residence through an open gate in the victim E’s residence located in Gohap-gun, Gyeongcheon-gun, Gyeongcheon-gun, in order to care for the victim of the instant case.

B. The lower court found the Defendant guilty of the instant facts charged on the grounds indicated in its reasoning.

C. According to the evidence duly admitted and examined by the court below's judgment and the court below's judgment, all of the circumstances stated by the court below are recognized.

In addition, ① A used a mobile phone opened in the name of the Defendant, but the Defendant presumed that the string number appearing in the foregoing mobile phone usage protocol was the number of a male’s mobile phone residing with C. ② The victim received a telephone call from a male who had been living together with C, who had been string prior to one month of the occurrence of the instant case, to the effect that “a person was living together with C, who was a person living together with C, and who was stolen KRW 4 million and does not return to Korea.” ③ The Defendant was aware of the fact that C was in the “W” by means of a mobile phone usage protocol used by C on the day of the instant case, and C was living in the way of confirming the increase of C.

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