[폭력행위등처벌에관한법률위반(공동주거침입)]〈사드기지 부지 침입 사건〉[공2020상,802]
[1] The concept of "a structure", which is the object of the crime of intrusion on a structure, and the meaning of "a summary of the structure" included therein
[2] In a case where the Defendants were indicted for violation of the Punishment of Violences, etc. Act (joint dwelling intrusion) on the ground that the site of the above POD base constitutes the above summary of the building in the base, on the ground that the site of the above POD base constitutes the above summary of the building in the base, and that the lower court erred by misapprehending the legal principles as to the summary of the crime of intrusion upon residence in the lower judgment, on the contrary, on the ground that the above POD site constitutes the above summary of the building in the base, and that the above POD site constitutes the above summary of the crime of intrusion upon residence.
[1] In the crime of entering a structure, a structure is not simply referred to as a structure itself, but is a concept that includes the above summary. The above summary is a land directly attached to a structure, where the boundary is physically clearly divided by barriers, etc.
[2] In a case where the Defendants were indicted on charges of violating the Punishment of Violences, etc. Act (joint residence intrusion) by entering the Korean Army and US Armed Forces upon entering the building located in the site of a golf course by using the 300-meter range after passing through the outer steel-frame base (THAD defense system in high altitude) and the outer steel-frame that had been prepared to operate at the outer steel-frame, and passing through the outer steel-tank, and passing through the outer steel-tank, and passing through the outer steel-base at the outer 1km range inside the spherb, the case holding that the above spherb base was no longer used as a golf course, and that the lower court erred by misapprehending the legal principles on the outer steel-base's boundary and the outer steel-base's outer steel-base's outer view to strictly prohibit entry into the golf course, and thus, the lower court found the Defendants not guilty on the ground that the above spherbies were installed in the outer steel-base boundary and the outer steel-base.
[1] Article 319(1) of the Criminal Act / [2] Article 319(1) of the Criminal Act, Article 2(2)1 of the Punishment of Violences, etc. Act
[1] Supreme Court Decision 2003Do6133 Delivered on June 10, 2004
Defendant 1 and three others
Prosecutor
Law Firm Dol Law, Attorneys Hah Don
Seoul Northern District Court Decision 2019No966 decided October 18, 2019
The judgment below is reversed, and the case is remanded to the Seoul Northern District Court.
The grounds of appeal are examined.
1. In the crime of entering a building, the term "building" is not simply referred to as a building itself, but is a concept that includes the above summary. The above summary refers to the land directly attached to a building, where the boundary is physically clearly partitioned by the wall, etc. (see Supreme Court Decision 2003Do6133, Jun. 10, 2004).
2. The court below found the defendants guilty of the defendants' entry into the KAD site of the golf course and the relation between the golf course and the summer and the restaurant (the name of a golf course omitted), and the relation between the defendant's (THAD) and the KAD site of the KAD site is "head", and the KAD site of the KAD site of the KAD site of the KAD site is merely a "affiliated facility" for more pleasant use of the golf course, and it is difficult to view the defendants' entry into the KAD site of the KAF site of the KAF site of the KAF and the KAF site of the KAF site of the KAFG site of the KAS site of the KAFG site of the 30 meters long after passing through the KAD site of the KAD and entering the outer steel network, and it is hard to see that the KAFS site of the KAFS and the KAV site of the KAFG site of the KAF.
3. We examine the reasoning of the judgment below in light of the above legal principles. Examining the reasoning of the judgment below in comparison with the records, the instant private base was no longer used as a golf course, as well as it was already used as a golf course, and was placed in buildings, such as a club, a golfel, etc. at the time when it would be used as a golf course, and the military authorities installed the outer steel network and the outer steel network at the boundary of the private base and thoroughly control the outside person’s access in order to strictly prohibit the outside person’s access. Thus, the site of the instant private base should be deemed to constitute the above summary of the building in the base. Nevertheless, the court below erred by misapprehending the legal principles on the summary of the crime of housing intrusion, which affected the judgment. The prosecutor’s ground of appeal pointing this out is with merit.
4. Therefore, the lower judgment is reversed, and the case is remanded to the lower court for further proceedings consistent with this Opinion. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Park Jung-hwa (Presiding Justice)