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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 부산고등법원 2013.12.11 2013노326
주거침입등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding (Defendant 1) that the Defendant entered the victim’s room or did not enter the victim’s room against the victim’s will. (2) The Defendant did not commit an indecent act by compulsion as stated in the facts constituting an indecent act by compulsion as stated in the lower judgment, and the Defendant did not have committed an indecent act in light of the relationship between the Defendant and the victim, etc., but did not constitute an indecent act in the crime of indecent act by compulsion. However, the lower court convicted the Defendant of the facts charged in this case on the ground that the Defendant’s statement was not reliable.

B. The sentence imposed by the court below (public prosecutor) on the grounds that the suspended sentence (a fine of three million won) is too uneasible and unfair.

2. Determination

A. In full view of the evidence duly adopted and examined by the court below regarding the crime of misunderstanding the facts against the defendant, the following circumstances, namely, ① the victim has consistently stated that the defendant was living in the victim’s room from the investigative agency to the court of the court below without permission, ② the defendant also did not obtain the victim’s explicit consent, and the defendant stated in the investigative agency that the defendant and the victim did not enter the victim’s room without the victim’s prior consent. ③ The defendant and the victim appeared to have been living in the victim’s room even during the period of the crime of this case. ③ The defendant and the victim were unilaterally called the victim at the time of the crime of this case, and the victim was not communicating with the victim. At that time, the victim was living in the victim’s room and the victim’s room, and both at the time of the crime of this case, they were locked with the victim.

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