(a) No misunderstanding of fact shall inflict an injury upon the victim H by committing an assault;

B. Legal principles 1) Aar F sales store 2nd floor office (hereinafter “instant office”) is a space where an employee of the said sales store would be allowed to enter any person, and Defendant B entered the instant office with Defendant A to use earphones in the situation where Defendant B continued to work while resisting the unfair dismissal. Thus, it does not constitute the elements for the establishment of the crime of intrusion into a structure.

2) Even if a trade union satisfies the requirements for establishing a crime of intrusion on buildings, such act constitutes legitimate acts that fall under the scope of activities of the trade union.

(c)

The punishment sentenced by the court below to the defendants (one million won per fine) is too unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court regarding the assertion of mistake of facts, the Defendants can sufficiently recognize the fact that the Defendants inflicted injury on the victim H as stated in the facts charged.

Therefore, the judgment of the court below which found the defendant guilty of this part of the facts charged is just, and there is no error of law by misunderstanding the facts as alleged by the defendants, and thus, the defendants' assertion of

① In a case where a witness’s statement, including a victim, is mutually consistent and consistent with the facts charged, it shall not be rejected without permission, unless there exist any separate and reliable evidence that is objectively deemed to lack credibility (see, e.g., Supreme Court Decision 2012Do2631, Jun. 28, 2012). The victim, from an investigative agency to the court below, made a consistent statement with the investigative agency on the facts of damage, the circumstance of the case, and the situation before and after the trial, etc., to the extent that it is difficult for the victim to make a statement without experience.