건조물침입등
All judgment of the court below shall be reversed.
Defendant shall be punished by a fine of KRW 7,000,000.
The above fine shall be imposed on the defendant.
1. Summary of grounds for appeal;
A. Regarding the judgment of the court of first instance, since the office of the committee of this case can be freely used by all residents, the office of the committee of this case cannot be deemed to have intruded on the building, and even though the defendant did not exercise power with Neow residents or interfere with the victim C's work, the court of first instance found the defendant guilty of this part of the facts charged. The judgment of the court of first instance is erroneous by misunderstanding the facts, which affected the conclusion of the judgment. (2) The punishment (4 million won of fine) sentenced by the court of first instance by the judgment of unfair sentencing is too unreasonable.
B. On the judgment of the court below Nos. 2 and 3, the defendant entered the court below (in fact or misunderstanding of legal principles), and although the defendant did not inflict an injury by causing the victim's losses or losses, the court below convicted him of each of the facts charged of this case. The judgment of the court below Nos. 2 and 3 is erroneous by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.
2. Determination
A. Before determining the grounds for appeal by the defendant ex officio, the defendant filed an appeal against the judgment of the court below, and the arguments were combined in the trial of the court. Each of the crimes that the judgment of the court below rendered are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below that sentenced a separate punishment for each of the above crimes cannot be maintained in this respect.
B. The judgment of the court below on the assertion of mistake of fact or misapprehension of legal principles has the above reasons for ex officio reversal.
Even if the defendant's assertion of misunderstanding of facts or misunderstanding of legal principles is still subject to the judgment of this court.
1) The lower court acknowledged the following based on the evidence duly adopted and examined by the lower court as to the entry of a structure into the 1st instance judgment.