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(영문) 인천지방법원 2014.12.05 2014노1995
폭력행위등처벌에관한법률위반(공동주거침입)
Text

The judgment of the court below is reversed.

Defendants shall be punished by a fine of one million won.

The above fines are imposed by the Defendants.

Reasons

1. Summary of grounds for appeal;

A. The primary intent of the Defendants of mistake of facts and misunderstanding of legal principles was to prevent the Defendants from damaging goods owned by the Defendants, such as old-age equipment, art works, visual equipment, and living equipment, which are located in the factory of this case, and the Defendants did not occupy the factory of this case again.

Therefore, there was no intention to intrude the factory of this case to the Defendants, and the Defendants’ act constitutes a justifiable act, and thus, it is not unlawful.

B. The lower court’s punishment on the Defendants of unreasonable sentencing (a fine of three million won) is excessively unreasonable.

2. Judgment on misconception of facts and misapprehension of legal principles

A. The Defendants asserted the same as the grounds for appeal in the lower court’s judgment, and the lower court rejected the Defendants’ assertion on the following grounds: (a) the Defendants had intention to intrude into the factory of this case at the time of the instant case; and (b) it is difficult to deem the Defendants to be dismissed as they constitute justifiable acts.

1) The Defendants tried to re-enter the factory of this case, which had been executed at the time, with the relief of the contents that “to find the factory” prior to intrusion upon the factory of this case. The Defendants opened a door of the factory of this case and expressed a threat as if they were able to take out the factory of this case. 2) After entering the factory of this case, the Defendants committed an act of carrying out the goods at this case, or preventing damage therefrom.

In addition, until the arrest on February 5, 2013, the factory of this case was occupied and the scambling was conducted, and the scambling phrase and the scamet phrase and the scambling scam were also called the "factory return, etc.".

B. We affirm the judgment of the court below with the records and closely examining the judgment of the court below. It is just and acceptable.

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