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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. At the time of the instant case, the Defendant (misunderstanding of facts and misapprehension of the legal doctrine) discussed a cleaning civil petition with the cleaningman G as the president of the D apartment complex at the time of the instant case, but the head of the management office, E, involved in the Defendant and G, and made a speech or behavior disregarding the Defendant. Rather, when the Defendant resisted to E, the Defendant resisted the Defendant by exercising violent violence outside the management office where E was the Defendant.
Therefore, the defendant did not exercise power to the extent of suppressing the victim E's free will, or thereby interfere with the victim's business, and there was no intention to interfere with the business, and the defendant's act is dismissed as a legitimate act stipulated in Article 20 of the Criminal Code.
Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misapprehending the legal principles or affecting the conclusion of judgment.
B. The prosecutor (unlawful in sentencing) of the lower court’s sentence (2 million won in penalty) is too unhued and unfair.
2. Determination
A. 1) In the lower court’s assertion of misunderstanding of the facts and legal principles, the Defendant asserted the same purport as part of the allegation of misunderstanding of the above facts (the denial of power, the denial of interference with business, and the denial of intention), and the lower court rejected the Defendant’s assertion on the following grounds: (a) the Defendant’s act constitutes an “act of interfering with the duties” of the victim’s management office by force; and (b) the Defendant’s act constitutes “act of interference
Even if the record is examined, the above judgment of the court below is just, and there is no error of law by mistake or misunderstanding of facts alleged by the defendant.
2) The Defendant’s assertion of “political act” in the first instance trial, and this is examined.
"Act which does not violate social norms" as stipulated in Article 20 of the Criminal Code is placed in the spirit of the whole legal order or its hinterland.