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(영문) 서울중앙지방법원 2019.08.22 2019노923
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (legal scenarios) Defendants are disturbing the Defendants, by avoiding the Seoul Central District Court Decision 2015Kahap80353 dated May 29, 2015, using an expression prohibited by the above decision, such as scing diskettes, etc., and in the process, explicit restraints and evictions by F hotel managers.

Since the Gu was involved in the entry into the F hotel to interfere with the business of the F hotel, the F hotel manager has invadedd the F hotel without permission against the explicit or implied intent of the F hotel manager.

In addition, the defendants exercised sufficient force to suppress the free will of the F Hotel employees, thereby causing serious harm to the freedom of the F Hotel business or causing interference with the business of F Hotels by causing the threat of the employees, customers, etc., uneasiness, and displeasure.

Nevertheless, the court below held that the defendants did not interfere with the business of the F hotel by exercising the power sufficient to suppress customers or employees' free will. Thus, the court below erred by misapprehending the legal principles, which affected the conclusion of the judgment by misapprehending the legal principles.

2. Determination

A. Since the crime of intrusion upon a structure is a crime under which the protected legal interest is the de facto peace of residence, it is established by intrusion upon a structure against the will of the manager of the structure.

In the case of a structure for which entry by the general public is permitted, the crime of entering the structure is established only when entering the place against the explicit or presumed intention of the manager. Therefore, regardless of the manager's entry restrictions, the method of entering or entering the structure for the purpose of crime, such as entering the large number of cages or small eggs and leaving them at time when entry is prohibited or destroying facilities, is within the scope of general permission.

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