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(영문) 서울중앙지방법원 2015.03.27 2014노4838
폭력행위등처벌에관한법률위반(공동주거침입)
Text

The Prosecutor’s appeal against the Defendants is dismissed.

Reasons

1. The summary of the grounds for appeal (the factual errors and misapprehension of legal principles) is not justified to enter the instant building without the consent of F and E entrusted by the owner of the building, solely on the ground that the Defendants’ forests are kept in the building located in Jongno-gu Seoul Metropolitan Government D (hereinafter “instant building”) owned by F.

In order to enter a room in which there is a forest, even if the defendants have the authority to do so, it is necessary to obtain permission from the person who occupies the room.

If the defendants were unable to participate in the appraisal procedure of the forest by the victim, they should have exercised their rights through the legitimate legal procedure.

The act of intrusion in this case lacks the requirement of supplement among the elements of the act of a political party.

2. The judgment of the court of first instance is just in finding the Defendants not guilty of the charges of this case on the ground that the evidence submitted by the prosecutor alone cannot be deemed as having a criminal intent to commit a crime, and that the Defendants’ act constitutes a legitimate act that does not go against the social norms, on the basis that the court of first instance duly adopted and investigated evidence was based on a specific factual basis recognized by the court of first instance based on the evidence duly adopted and investigated. There is no error of misunderstanding of facts or misunderstanding of legal principles, as

In addition, there is no other evidence to prove the criminal intent of the Defendants in the trial. Thus, the prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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