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(영문) 대전지방법원 2018.01.24 2017노2429
사문서변조등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. 1) As to the alteration and alteration of a private document, the witness C received a written agreement from the Defendant in facsimile after the date of the formation of the written agreement.

Comprehensively taking account of the fact that the Defendant and C made a false statement or made a false statement, etc., it is difficult to believe the overall contents of the statement, and that the Defendant and C made a general telephone call other than the mobile phone, the Defendant entered the contents related to the rent, etc. in the initial agreement with C around October 13, 2014. Therefore, there was no change in the agreement with C.

2) With respect to interference with exercise of rights and intrusion upon residence (2015, 1579, 2016, 2016, 28), there was no person who entered the building of this case by May 21, 2015, from which the Defendant removed each of the entrance doors, and thus, the victims were actually residing in each of the rooms in the building of this case.

It can not be seen that victims do not have a legitimate tenant or lien, and the defendant's intrusion upon the victim's residence does not constitute a crime of interference with the exercise of rights or intrusion upon residence.

B. The sentence of the lower court (an amount of KRW 4 million, the burden of litigation costs) is too unreasonable.

2. Determination

A. 1) As to the assertion of mistake of facts, the lower court also asserted the same purport as the grounds for appeal by the lower court.

As to this, the lower court, in full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the court of the lower judgment, concluded that the Defendant modified the agreement in the name of C, as described in this part of the facts charged, without having agreed with C.

It is reasonable to view it.

In light of the above, the defendant was pronounced guilty.

(1) C is consistent from an investigative agency to the court of original judgment, and the defendant and the court of original judgment.

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