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(영문) 대구지방법원 2016.10.26 2016노1496

퇴거불응등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (1) The right to use the public records of this case to the residents' welfare center where the public records of this case are located is not the complainant but the apartment residents, and the complainants cannot restrict the access of the same representative to check the actual status of the public records room. Thus, the complainants do not have the right

② At the time of the instant case, the subject of the Defendant’s name as the pro-North Korea force is an external person, not the complainant but the complainant.

③ At the time of the instant case, children were upstanding in the library and did not have children studying in the public book book, and there was no interference with business since they were prepared for delivery of accusation.

Nevertheless, the court below found all of the facts charged of this case guilty. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

2. Determination

A. The crime of intrusion upon residence and non-compliance with the crime of intrusion upon residence is classified as the protected legal interest, and thus, it does not depend on the formation of the crime where the resident or the person under guard was the right to receive residence or to receive guard against the building, etc., and even if the possession of the person without the right to possess is carried out, the peace of the residence must be protected. Thus, if the right holder intrudes upon the residence or the structure without following the procedure prescribed by the Act in realizing the right, the crime of intrusion upon residence is established, and even

In the case of non-compliance with the Gu, the crime of non-compliance is established.

(2) In light of the records duly adopted and examined by the court below, the victim was actually in possession of the public book room at the time of the crime of this case, and the victim was actually in possession of the public book room at the time of the crime of this case. Thus, according to the evidence duly adopted and examined by the court below, the victim was deemed to have been in possession of the public book room at the time of the crime of this case. Thus, the victim was required to leave.

The defendant's act that does not leave the Gu shall constitute a crime of non-compliance with the eviction.