건조물침입등
The judgment of the court below is reversed.
Defendant shall be punished by a fine of one million won.
The above fine shall not be paid by the defendant.
1. Summary of the grounds for appeal (misunderstanding of legal principles or factual errors);
A. In relation to the entry of a structure, the Defendant entered the said casino with the prior consent or ex post consent of G, the chief of the management department of the said casino (hereinafter “instant casino”).
Even if the Defendant’s prior consent or consent to the instant casino is not recognized, it constitutes a legitimate act that can be accepted by social norms.
B. Regarding interference with business, ① the Defendant’s crime No. 1-A as indicated in the judgment.
As described in paragraph (1), “I have internal goods, which gushes to whom gugushes to go,” shall be deemed to be repeated, and there is no disturbance, such as going through outside the country, and even if there is such a fact, it does not constitute “compeachment” under the crime of interference with business, and ② The Defendant’s criminal facts No. 1-b.
On November 22, 2014, around 05:40 on November 22, 2014, opening a studio room room No. VIP 4 to extract several computer room codes. However, this does not interfere with the casino business of this case.
C. In relation to the point of injury, the Defendant did not have committed an injury to the victim H.
On the other hand, the injured party H does not constitute “injury” in the crime of injury.
2. Determination
A. Determination 1 on the violation of structure and obstruction of business. The summary of this part of the facts charged is that the Defendant, from November 21, 2014 to November 16:10, 05:30 of the following day, from Jeju, the Defendant entered the E casino where G (Nam, 46 years old) located in the management department of F materials at Jeju-si, without the consent of the casino operator, and entered the monitor room at the casino without the consent of the casino operator, and open the monitor room at the casino. The Defendant, in turn, 5IP 4 stud games and 4 studio games are seated in the screen, and “if one fiffife is to carry internal items, to whom fife is to be known.”