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(영문) 서울중앙지방법원 2015.06.12 2014노4249

폭력행위등처벌에관한법률위반(공동주거침입)등

Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (based on factual errors and misapprehension of legal principles) Defendants are not security guards to whom the Security Services Industry Act applies.

After the movement in the church ends all, he entered the scene of the case, and did not participate in the crime such as the statement in the first instance judgment.

2. Comprehensively taking account of the evidence duly admitted and examined by the first instance court, the Defendants may fully recognize the facts that the Defendants, as indicated in the judgment of the first instance court, intruded with W, X,Y, and other service sources and interfered with the towing and towing of the Defendants, and went beyond the scope of the security service.

Even if the defendants are not regular security guards employed in the "ADBA", the crime of this case shall be deemed to have been employed by the "ADBA" and the defendants, even if the defendants are not the security guards, they shall be deemed to have been engaged in the security business, so long as they jointly processed the crimes committed by other security guards out of the security business, they shall not interfere with the establishment of joint principal offenders

The Defendants’ assertion is without merit.

① From March 2011, Defendant D served as a non-standing adviser of V.

In the copy of the V-type of the dispute resolution committee, which was confiscated by the office of the company in charge of the settlement of accounts, Defendant D is written as the person in charge of the protection of the representative director W, and Defendant D's name is also written in the list of security service personnel.

Defendant

E was registered as an auditor in the corporate register of the LAB and was disadvantageous to directors from the V related parties to the LAB and was in charge of the accounting-related affairs of V.

② The service security guards mobilized by the KCAV had no choice but to tow a ship by suppressing A’s new map to block access in front of the OG entrance on the day of the instant case and intrusion into the OG entrance, and forcing A, in the course of the towing distribution, the status of A, who is proceeding with A, in the course of performing a week as well as his/her old map, was forced to do so.

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