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(영문) 수원지방법원 2015.01.08 2014노3339
재물손괴등
Text

All appeals by the Defendants are dismissed.

Reasons

Summary of Grounds for Appeal

Defendant

A Victim G, D, and F did not arbitrarily dispose of the relics and inherited property of the mother of the defendant, and notify the defendant's wife and the defendant's wife of the death of the deceased E, which is the omission of the defendant B (the defendant's wife), and showed anti-human and fresh behavior, such as malmating.

Therefore, the Defendant visited the victim to enter issues, etc. concerning inherited property, but returned to the situation because the victim did not open a door, and caused the franchising of only the franchising in the process. As such, the Defendant’s act does not constitute the elements of the crime of intrusion upon residence and the crime of causing property damage, or is dismissed (misunderstanding of facts and misunderstanding of legal principles as to the point of the destruction of property and the joint residence intrusion). Defendant B’s mother as the victim’s mother, was merely an anti-human and bad behavior as above, and there was no fact of repeatedly sending D with words and sound that arouses anxiety.

The act of the defendant visiting the victim together with the defendant A, who is the husband, does not constitute a constituent element of the crime of intrusion on residence for the above reason, or the illegality is removed (Article 2 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. and misunderstanding of facts and misunderstanding of legal principles as to the violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., and joint residence intrusion). On the contrary, first of all, we examine whether the defendant's act constitutes

The following circumstances found by the evidence duly adopted and investigated by the court below, namely, ① the statement in the complaint prepared by the victims and the G police statement correspond to this part of the facts charged, and the presence of each photograph (Evidence No. 49, 55, 56 page) and teared mail (Evidence No. 64 page of the evidence record) submitted by the victims is also recorded and recorded.

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