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(영문) 대전지방법원 2020.11.19 2019노2322
주거침입
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (the factual error, misunderstanding of legal principles, and unreasonable sentencing)

A. At the time of the instant case, the Defendant did not go to the front door, but merely did not harm the peace of residence, because the Defendant was refused to talk and went to the front door.

(M) Fact-finding and misunderstanding of legal principles).

Even if the defendant's act is found guilty, the sentencing of the court below (the fine of KRW 500,00) is too unreasonable.

(F) Determination; 2. Determination

A. 1) In determining the credibility of a statement made by a victim, etc. supporting the facts charged, the court shall make an evaluation of credibility by taking into account all the circumstances that make it difficult to record in the witness examination protocol, such as the appearance or attitude of a witness who is taking an oath before a judge, and the penology of a statement, and the penology of a witness including the victim, etc., which are consistent with the facts charged, unless there is any other reliable evidence that can be objectively deemed to lack credibility (see, e.g., Supreme Court Decisions 201Do2631, Jun. 28, 2012; 201Do2631, Jun. 28, 2012; 201Do2631, Apr. 1, 2011).

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