(영문) 청주지방법원 2015.08.20 2015노431 | 리걸엔진

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(영문) 청주지방법원 2015.08.20 2015노431

주거침입

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 500,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. In fact-finding the defendant did not intrude into the victim's house, but did not unilaterally infringe upon the victim's house, but did not open a door to the first race C, and was assaulted by the victim D during that moment, and did not have been invaded by the victim D.

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

2. Determination

A. Before the judgment on the grounds for appeal by the Defendant’s ex officio, the Prosecutor applied for amendments to the indictment with the content that “I will comply with C” as stated in the facts charged at the trial below, “I will come up on the side of C who was locked,” and the part of “I will sit up in the vicinity of C”, and the subject of the judgment was changed by this Court.

Therefore, the judgment of the court below is no longer maintained.

However, despite the above reasons for ex officio destruction, the defendant's assertion of mistake is still subject to the judgment of this court, which will be examined below.

B. The Defendant also asserted the same purport in the lower court’s judgment, and the lower court presented a detailed judgment on the grounds for the crime of oil.

According to the evidence duly adopted and examined by the court below and the evidence additionally examined by the court below, the court below's finding the defendant guilty based on the judgment as stated in its reasoning is just and acceptable, and there is no error of law by misunderstanding the facts, which affected the conclusion of the judgment.

Defendant’s assertion of mistake is rejected.

3. Therefore, the judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the grounds of ex officio reversal, and the judgment below is again decided as follows.

[Judgment of multiple times] Criminal facts and evidence.

참조조문

-형사소송법 제364조 제2항

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