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(영문) 대전지방법원 2015.07.15 2015고정231

폭력행위등처벌에관한법률위반(공동주거침입)

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is the head of the Daejeon District Office, and D are the head of the Daejeon District Office, and the labor union members under C.

Defendant

A and D, from around 16:00 on September 16, 2013, around 16:3, from around 16:00, held a meeting to urge approximately 30 members, etc. of the Seo-gu Daejeon, Seo-gu, Daejeon, 100 Daejeon, to construct a public parking lot for the parking of freight vehicles, and held the meeting to urge the “construction of the public parking lot for the parking of freight vehicles” in the process of the meeting, on the grounds that the City Mayor did not go to the meeting, they did not go to the meeting, with three persons who participated in the meeting as well as three persons who participated in the name and

At around 18:00 on the same day, the Defendant and D, disregarding the restraint of the security guards of Daejeon Viewing their access to the office building through the door of Daejeon Viewing the entry into the 9th floor through the elevator, and, after sitting on the 9th floor, occupied the 9th floor to work together with other participants, and opened the 9th floor.

Accordingly, the Defendant infringed upon the Daejeon Viewers, which is a structure against the will of the Daejeon Viewing Manager.

2. The offense of intrusion upon the residence of a building, such as government offices, for which the general public’s access is allowed, should be limited to cases where it is evident that the entry is for the purpose of crime. As a result, if the access is widely recognized as a result of the manager’s objection, it would result in excessive restriction on the right of freedom guaranteed by the Constitution and the legal stability of the people.

The following circumstances acknowledged by the evidence duly adopted and examined by this Court (except evidence with no admissibility of evidence), i.e., ① the Defendant and the members of the Trade Union and the Trade Union have reported to hold a meeting in advance and held a meeting from around 6:00 on September 16, 2013 to around 1:0 on the northwest of the Daejeon Youth Assembly.

In order to hold market meetings around 17:00, about 10 persons with approximately 10 persons are open to Daejeon Viewing.

참조조문