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(영문) 서울북부지방법원 2019.06.13 2018노2095
폭력행위등처벌에관한법률위반(공동주거침입)
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. As stated in the facts charged, the Defendant did not request B and E to open the door door of the instant Hahh, as well as the Defendant did not know that B et al. were forced to visit the door, and thus did not participate in the crime of intrusion upon residence.

Nevertheless, the court below found the defendant guilty on the ground that a conspiracy relation with B, etc. is recognized, and the court below erred by misapprehending the facts.

B. Inasmuch as the victim N of the misapprehension of the legal doctrine is a person who illegally occupies and resides in the instant Ba H H, it does not constitute a person with the right to consent or a person with the right to residence in the crime of intrusion upon residence.

Nevertheless, the court below rendered a guilty verdict against the defendant, and there is an error of law by misunderstanding legal principles.

C. The lower court’s sentence on the Defendant is too unreasonable.

2. Determination on the grounds for appeal

A. On June 7, 2016, around 11:20, the Defendant, etc.: (a) requested the Defendant, etc. to open the door door of the instant H H H from L; (b) the Defendant, etc., claiming the ownership of the said H from B and E; (c) upon the said request, instructed D, F, and E to send the victims by compulsory opening the door door of the victim N andO; and (d) upon receiving the above instructions from B and D, F sent out the door door door door of the said H; (c) the Defendant, etc., sent I to the victims by telephone; (d) the Defendant, and (e) transferred the door door to the victims’ home in accordance with the direction of each of the above F; and (e) K transferred the door door to the victims’ house without permission after having taken out the door door of the said victims’ order, and attached the victims’ intrusion to the door door of the said H to the front door.

B. The lower court determined that the Defendant conspiredd with B, etc. to commit the instant crime on the grounds of the circumstances stated in its reasoning.

C. The judgment of the court below is legitimate.

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