폭력행위등처벌에관한법률위반(공동재물손괴등)
The judgment below
The guilty part shall be reversed.
Defendants are not guilty. The summary of this judgment is publicly announced.
1. The lower court found the Defendants not guilty on the charge of interference with duties and violation of the Punishment of Violences, etc. Act (joint residence intrusion) among the facts charged against the Defendants, and sentenced the Defendants to a fine of KRW 300,000,00 for each of the charges. As to the guilty portion, the Defendants appealed on each of the aforementioned innocence portion and dismissed all the appeals by the Defendants and the prosecutor.
However, the prosecutor did not appeal against the aforementioned acquittal portion, and only the Defendants filed each appeal against the conviction portion, and the judgment of remand cited all appeals against the aforementioned conviction portion by the Defendants.
Therefore, since the violation of the Punishment of Violences, etc. Act (joint residence intrusion) that was pronounced not guilty by the court below was confirmed by the prosecutor prior to remand, the scope of the trial after remand is limited to the convicted part, that is, the violation of the Punishment of Violences, etc. Act (joint property damage, etc.).
2. Summary of grounds for appeal;
A. Destruction of misunderstanding of facts or misunderstanding of legal principles constitutes an inevitable public act to hold a meeting of the F commission, and thus, constitutes a lawful act of force majeure, and thus, constitutes a violation of the Punishment of Violences, etc. Act (joint destruction, damage, etc.).
B. Each sentence of the judgment of the court below on the Defendants of unreasonable sentencing (a fine of KRW 300,000) is too unreasonable.
3. Determination
A. According to the evidence and records duly adopted and examined by the court below, the following facts can be acknowledged.
1) On December 28, 201, the election of executive officers of the D apartment council of occupants' representatives held on the two weeks, and E was elected as the president. 2) However, on January 2012, residents, including the Defendants, were involved in the excessive disbursement of election expenses and election procedures, and the election invalidation is invalidated.