폭력행위등처벌에관한법률위반(공동주거침입)등
The judgment of the court below is reversed.
Defendant
A and B shall be punished by a fine of KRW 300,00, and Defendant C shall be punished by a fine of KRW 500,000.
1. Summary of grounds for appeal;
A. The Defendants (misunderstanding the facts as to the guilty portion) committed the destruction of the damaged decoration that the victims brought to the land of Defendant C, and thus, the damaged decoration does not constitute the object of the crime of damage, and the victims’ private gambling business did not take place since May 2015. Therefore, the Defendants’ act of breaking the damaged decoration is irrelevant to the victim’s private gambling business.
Nevertheless, the judgment of the court below that found the Defendant guilty of this part of the facts charged is erroneous.
B. The court below found the Defendants not guilty of this part of the facts charged, which erred by misapprehending the legal principles and misunderstanding the legal principles, even though the Defendants’ residence end to the victim’s residence constitutes a part of the crime of intrusion, and the actual peace of the victim’s residence was damaged due to the Defendants’ intrusion.
2. The Defendants asserted the same purport in the judgment of the court below, and the court below rejected the above assertion in detail in the column of the “determination on the Defendant and his defense counsel’s assertion.” The following facts and circumstances, which can be recognized by the court below and the court below’s duly adopted and investigated evidence, i.e., the police for 20 years: (a) the Defendants had been engaged in a private funeral for 20 years; (b) sperm trees and converging trees have a good place, and (c) there are many customers who have been stuffed.
In the case of the peace below the sperm trees, you receive KRW 30,000 per piece and receive KRW 30,000 per piece and in the case of the flat in the valley, 30,000 per piece.
The statement "(113 pages of evidence)" was stated as "(113 pages of evidence), and in the original trial, the defendants have the normal reputation to establish public gambling business under the wooden Act.
The statement "(172 pages of the trial record)", and the victim H is below the sperm tree every year at the police station.