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(영문) 대구고등법원 2015.12.10 2015노535
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for a period of two years and six months;

Reasons

1. Summary of grounds for appeal;

A. In light of the misapprehension of the legal principle (violation of the Punishment of Violences, etc. Act (Habitual Intrusion) and the frequency of the crime of intrusion upon residence in this case and the period of the crime, each of the crimes of intrusion upon residence in this case cannot be deemed as being caused by the habit of the defendant.

Therefore, the judgment of the court below which found the defendant guilty of the violation of the Punishment of Violences, etc. Act (Habitual Residence) is erroneous in the misapprehension of legal principles as to habituality, which affected the conclusion of the judgment

B. Under the influence of alcohol at the time of each of the instant crimes, the Defendant was in a state with weak capacity to discern things or make decisions.

C. The lower court’s sentence of unreasonable sentencing (three years and six months of imprisonment) is too unreasonable.

2. Determination

A. On October 21, 2014, the Defendant violated the Punishment of Violences, etc. Act (Habitual Intrusion) (a summary of this part of the facts charged) brought about the victim E in front of the victim E’s house located in literature-si around 22:30 on October 21, 2014, the Defendant changed coffee and opened a door door through the said house and intruded on the victim’s residence without the victim’s permission.

B) Around 23:00 on October 23, 2014, the Defendant was in front of the said victim’s house. Around November 23, 2014, 2014, the Defendant used bricks in the said house, without any justifiable reason, and entered the victim’s house without the victim’s permission, and infringed upon the victim’s house. C) On November 4, 2014, the Defendant was in front of the said victim’s house. The Defendant was in front of the said victim’s house, opened an inner door after the said house was inside the house, took the victim’s house, and intruded the victim’s house without the victim’s permission. On November 21:00, 2014, the Defendant went ahead of the said house house, and went into the victim’s house. By doing so, the Defendant intruded the victim’s residence by habitual assault, etc.

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