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(영문) 춘천지방법원 2014.11.05 2013노774
폭력행위등처벌에관한법률위반(공동퇴거불응)
Text

The judgment of the court below is reversed.

Defendant

In respect of B, a sentence of punishment shall be suspended.

Defendant

A and C are not guilty.

Reasons

1. Summary of the grounds for appeal (the factual error, misunderstanding of legal principles)

A. Defendant A was present at the meeting of the Do Governor and residents to witness the morning interview as a civilian member of the “L”, which is the direct advisory body of Gangwon-do Governor, at the time, and Defendant A stayed in the Do Office in the Do Office in the Do Office because the police was only in the Do Office to arbitration an urgent situation that the police entered into the Do Office. Thus, the Do Office'

The Gu was not against Defendant A, and the Gu was not against Defendant A, and required to leave him.

Even if the Gu has made a Gu, Defendant A shall leave him/her.

The Gu did not recognize it as the Gu.

B. Defendant B (1) At the time, Gangwon-do Office J issued an eviction order without any legal basis, without the instruction of Gangwon-do Governor, and Defendant B did not leave.

This does not constitute a refusal to leave.

(2) Withdrawal due to a very complicated situation at the time.

It has not been able to hear the Gu properly, and last outline of eviction.

When put up put put to place place place orders, the police has already been able to get out of the office building due to the spread of all put to place orders on the corridor, so that there was no space to get out of the office building.

It was not a situation to respond to the Gu.

C. Defendant C was mainly able to hold an interview with the Vice Governor of Gangwon-do with respect to a golf course established in his/her place of residence in his/her place of residence, and thus, Defendant C was able to stay in the office of Vice Governor of Gangwon-do.

The place of the Gu has been considerably far away, and for such reason, the outline of the removal

the Gu was unable to hear the Gu.

2. Determination

A. Determination as to Defendant B’s assertion (1) Even if the first argument is open to the general public during the business hours, the general public is required to enter or stay in the office of the government office in order to view it as a normal usage. As such, it is necessary for the general public to have access to or stay in the office of the government office.

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