건조물침입등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment with prison labor for not more than six months and by a fine not exceeding six million won.
The defendant above.
1. Summary of the grounds for appeal (misunderstanding of facts and misapprehension of legal principles, and improper sentencing)
A. misunderstanding of facts and legal principles 1) 2017 Godan 48 and 2017, and 7555, the church was open to anyone for religious life, and the defendant entered the church building to take as a flag, and did not have any intention to intrude on the structure.
2) The Defendant, with the consent of the residents of the first floor underground of the building, entered the building to lock up goods donated by the people on the first floor underground floor, and the Defendant’s act was virtually prejudicial to the peace of residence.
subsection (b) of this section.
3) The Defendant in the 2018 Highest 426 Incident did not have received a request for withdrawal from the injured party, and the Defendant did not constitute a crime of interference with the execution of official duties due to the occurrence of violence in the process of illegally arresting and opposing the Defendant by the police officer.
B. The punishment of the lower court (the first instance court: the fine of KRW 500,00, the second instance court; the fine of KRW 700,000: the fine of KRW 700,00: the fine of KRW 700,000: the fine of KRW 4,00: the imprisonment of KRW 6 months) is too unreasonable.
2. Ex officio determination of ex officio, each crime of the judgment of the court below against the defendant is related to concurrent crimes under the former part of Article 37 of the Criminal Act, and should be punished by one punishment for each type of punishment within the scope of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act. In this regard, the judgment of the court below against the defendant cannot be exempted from all reversal.
However, the defendant's assertion of mistake and misunderstanding of legal principles as to each judgment of the court below is still subject to the judgment of this court, and this is examined.
3. Determination
A. The Defendant also asserted the same purport in the lower court’s judgment as to the assertion on the 2017 Highest 48, 2017 Highest 2017 Highest 755, 2018 Highest 426 Highest 426 cases, and the lower court rejected the said assertion in its reasoning.
The appellate court shall have an impact on the formation of documentary evidence in the course of the trial.