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The judgment of the court below is reversed.
The defendant shall be innocent.
Reasons
1. The gist of the defendant's grounds of appeal in this case is that the defendant's act of entering the factory at the time of this case constitutes intrusion upon residence, and the defendant's act of closing capital against the above act constitutes a passive resistance, and thus constitutes self-defense or legitimate act, and thus, the court below found the defendant guilty of the facts charged in this case. The court below erred by misapprehending the facts and misapprehending the legal principles, which affected the conclusion of the judgment.
2. On January 21, 2013, the Defendant found a factory to receive wages that had not been paid before the victim F (the age 49) in the E factory located in Go Chang-gun, North Chang-gun (hereinafter “instant factory”) around 19:20 on January 21, 2013, and, during the dispute with the victim, closed the gate so that the victim could not enter the factory and the victim could not have entered the factory, and caused damage to the various parts of the indictment, which are not known in detail, for about two weeks of treatment, to the victim.
3. The lower court determined that the Defendant’s partial statement, the witness G’s statement, the police interrogation protocol against the Defendant, the police interrogation protocol against F, the police interrogation protocol against G, and the police interrogation protocol against H are difficult to view the victim’s act as an act to defend the victim’s unfair infringement, and that it is difficult to view the Defendant’s act as an act to defend the victim’s infringement, and thus, found the Defendant guilty of the facts charged in the instant case.
4. Judgment of the court below
A. In the crime of intrusion upon residence, the term “building”, which is the object of the act of intrusion, does not simply refer to the building itself, but includes the summary thereof.
In order to be a summary of the building, the manager was provided for the use of the building by installing doors and fences on the boundary of the outside.