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(영문) 서울중앙지방법원 2016.03.10 2015노4675
건조물침입등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of three million won.

The above fine shall not be paid by the defendant.

Reasons

1. A person who filed an appeal against a defendant must submit a statement of reasons for appeal within 20 days from the date he/she received the notice of receipt of the records of trial from an appellate court (Article 361-3(1) of the Criminal Procedure Act). However, the fact that the defendant did not submit a statement of reasons for appeal within 20 days from the date he/she received the notice of receipt of the records of trial on December 17, 2015 is obvious

In addition, there is no reason for appeal in the petition of appeal, and there is no reason for ex officio investigation on the record.

2. Judgment on the prosecutor's appeal

A. On or after January 14, 2013, the summary of the grounds for appeal (as to the portion of the crime without fault), the victim J was a manager of the Esante Masan (hereinafter “instant cooking officer”). The Defendant was allowed to have access to the said cooking officer to the extent necessary for business management, etc. in accordance with the victim’s understanding.

Therefore, on March 6, 2013, the defendant expressed his intention to deny the validity of the sales contract to the victim and excluded the victim, and entering the kitchen of this case and doing business constitutes a crime of intrusion on buildings against the victim's will.

However, the judgment of the court below which acquitted the defendant on this part is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

B. On March 6, 2013, the Defendant issued a written message to the victim as if he/she had a big disturbance, and then sent the victim a text message to the victim for the purpose of denying the validity of the above sales contract without any ground when the victim had been normally operated by the victim, which was operated by the victim on the 8th floor of the D building in Yongsan-gu, Young-si, Mangdong-si, Busan, Seoul, on March 6, 2013, and then the victim suffered damage by using the following methods: (a) the Defendant sent a password to the victim as if he/she had a big disturbance, and (b) the victim had a password known in advance and enter the above facility for the cooking.

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