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(영문) 수원지방법원 2016.12.14 2016노5608
건조물침입등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Comprehensively taking account of the evidence submitted by the prosecutor of mistake of facts as to the acquittal portion, the court below rendered a verdict of innocence against the defendant, which is erroneous in the misapprehension of facts and affected the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (the amount of KRW 500,000 of a fine) is too unjustifiable and unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts regarding the acquitted portion, the Defendant’s summary of this part of the facts charged is about May 21, 2015 (hereinafter “instant office”) No. 601 of Pyeongtaek-si Building around 13:26, 2015 (hereinafter “instant office”).

(2) The lower court determined as follows. The lower court determined as follows: (a) as evidence of this part of the facts charged: (b) the victim’s legal and investigative agency’s statement to the following purport; (c) at around 13:05:50 on May 21, 2015, the day the instant office was opened, and (d) confirmed that the office was destroyed again and the partitions was destroyed because it was difficult for the Defendant to view that the office had been removed from the office at around 14:05:58 on the same day when he returned to the school, and that the office had already been closed for about 13:26:15 on the same day to around 13:26:27:50 on the same day; (b) the Defendant had been staying in the above office for about 1:35 seconds from around 15 to around 27:50 on the same day, but it is difficult to view that there was no possibility that the office had already been removed from the office before the prosecution’s prior to the date of the Defendant’s statement and the instant office.

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