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All of the appeals by prosecutors are dismissed.
Reasons
1. Erroring the gist of the grounds for appeal and misunderstanding the legal principles (the defendant is the Victim H Association (hereinafter “victim Association”).
2) The judgment of the court of first instance that acquitted the Defendants on the grounds that the Defendants did not have any justifiable reason in the mistake of the law under Article 16 of the Criminal Act is unlawful).
A. Basic facts 1) When the first president of the Victim Association, who was the president of the Victim Association, established a judgment of invalidation of election on October 28, 2010, was appointed as a chair of the court. Defendant A was appointed as a proxy for the president of the Victim Association on November 11, 2010 by the board of directors of the Victim Association on behalf of the president of the Victim Association. Defendant B served as a proxy for the president of the Victim Association on behalf of the president of the Victim Association. Defendant B served as a proxy for the president of the Victim Association on behalf of the president of the Victim Association. 2) The conflict between Defendant A’s side and the representatives claiming the membership election system among the several representatives claiming the membership election system, on January 11, 2011, when some representatives opened a temporary representative meeting, and resolved to select a non-Confidence and a new extraordinary meeting, and then Defendant B went out of the above building by designating the victim as an association outside the above building.
3. On January 13, 2011, and February 6, 2011, the Defendants, on the ground that they asserted the validity of the resolution of the said general meeting of delegates, and on the ground that they were to work for the association normalization as lawful president acting for the president, attempted to enter the said association building. During that process, there is a collective physical conflict between service personnel employed by the J and representatives and members who occupied the association building.