폭력행위등처벌에관한법률위반(공동상해)등
1. The part of the judgment of the court below against Defendant A is reversed.
Defendant
A shall be punished by imprisonment for eight months.
Defendant
A.
1. Summary of grounds for appeal;
A. Defendant A1) misunderstanding of facts or misunderstanding of legal principles, which the court below found guilty, as to the violation of the Punishment of Violences, etc. Act (joint residential intrusion) and the obstruction of business, CCTV photographs are inadmissible as evidence for collection of unlawful evidence. Since it is impossible to prove that the part of the description in the on-site photographs is not separated from that of the originator S, and that of the third party, it is not admissible, and there is no evidence to prove credibility of each of the above facts charged.
The member who was dismissed and the defendant A had a legitimate right to enter and lawfully entered according to the procedure following the decision of provisional disposition, and even if the defendant Gap's entry was illegal, the defendant A's act is erroneous that his act under Article 16 of the Criminal Code does not constitute a crime under the law and has a legitimate reason to believe that it is not a crime.
However, the court below found Defendant guilty of this part of the facts charged. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.
B) As to the violation of the Punishment of Violence, etc. Act (joint injury) against the victim M, the lower court found Defendant A guilty of this part of the facts charged despite the fact that H et al. did not completely intervene in the process of taking the Kameras cited by the victim M., which was erroneous by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.
2) The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.
B. Prosecutor 1) The lower court acquitted Defendant A on the charge of violation of the Punishment of Violences, etc. Act (joint residential intrusion) and interference with business by multiple employees other than S, each of the statements in the lower court and the investigative agency and the images of field pictures.