폭력행위등처벌에관한법률위반(공동재물손괴등)등
The judgment of the court below is reversed.
Defendants shall be punished by a fine of KRW 2,000,000.
The above fines are imposed by the Defendants.
1. Summary of grounds for appeal;
A. Defendants 1) In relation to the assembly on August 17, 2015, Defendants 1 and misunderstanding of the legal principles, it is not attributable to the Defendants’ act to display the door of iron in the E Daejeon Factory.
However, the lower court, in collaboration with the non-persons who participated in the above assembly, destroyed the fire fighting system owned by the victim E company.
As such, the court below erred by misunderstanding the facts or misapprehending the legal principles on the damage to property, which affected the conclusion of the judgment.
B) In relation to a meeting of the victim K on August 17, 2015, the injury suffered by the victim K cannot be assessed as a legal injury.
However, the lower court, in collaboration with Defendant B, inflicted an injury on K by Defendant B, with three influences.
As such, the court below erred by misapprehending the legal principles on injury or misunderstanding the facts, thereby affecting the conclusion of the judgment.
C) On August 17, 2015, in relation to the assembly of the victim, the Defendants’ act of having the Defendants display the iron door or leaving the victim K above the floor constitutes a legitimate defense or legitimate act.
However, the lower court found all of the facts charged in the instant case guilty on August 17, 2015. In so doing, the lower court erred by misapprehending the legal doctrine on party defense or legitimate act, thereby adversely affecting the conclusion of the judgment.
D) On September 22, 2015, Defendant A’s act does not constitute damage, since Defendant A’s act, with a frame on the surface of the road, does not impair the utility of the road, nor does it have an important characteristic in road function.
Even so, the court below, even though Defendant A violated the code of practice as the organizer of the assembly, and at the same time damaged the use of the road owned by the Republic of Korea by jointly with the person in unsound name.
As such, the judgment of the court below is erroneous or damaged.