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(영문) 서울북부지방법원 2019.07.09 2019노571
주거침입
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles are not established since the Defendant only posted the victim's house door door in order to change clothes which had been placed in the victim's house. Thus, the crime of intrusion upon residence is not established.

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

2. Determination on the grounds for appeal

A. In light of the legal principle as to the assertion of mistake of facts and misapprehension of legal principles, the following circumstances acknowledged by the court below in light of the evidence duly examined by the court below, namely, ① the defendant continuously sent text messages to the victim before the crime of this case was committed, and had the victim look at the victim's request to the police for the protection of the victim and the victim's oral statement several times. ② Nevertheless, the defendant sent the front door to the victim's door door through the outside stairs of the victim's house, and did not find any objective circumstance to see that the victim's clothes existed at the victim's house, ③ there is no room to find any objective circumstance to see that the defendant had the victim's clothes at the victim's house. In full view of the following circumstances, it is sufficiently recognized that the defendant's front door of the victim's house through the outside stairs of the victim's house, and that the victim's kn's kn't was invaded with the victim's residence against the victim's will.

Therefore, this part of the defendant's argument is without merit.

B. In full view of all the sentencing conditions as expressed in the proceedings of the instant case, including the background and mode of the instant crime and the circumstances before and after the instant crime, the lower court’s sentence is too unreasonable.

Therefore, this part of the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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