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(영문) 서울중앙지방법원 2016.04.28 2016노284
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) Defendants (1) misunderstanding the facts and misapprehending the legal principles, the instant advertising tower does not constitute an object of a residential intrusion.

The court below found the Defendants guilty of this part of the facts charged. The court below erred by misapprehending the legal principles or by misapprehending the legal principles, which affected the conclusion of the judgment.

(2) The sentence of the lower court against the illegal Defendants (one year of imprisonment with prison labor for each of six months and one year of suspended sentence) is too unreasonable.

B. The official duties performed by a public official of a post office misunderstanding the legal principles should also be included in the “business” as a subject of protection of the crime of interference with business affairs.

The court below acquitted the Defendants on the charges of interference with the duties of the Defendants. The court below erred by misapprehending the legal principles, which affected the conclusion of the judgment.

(2) The lower court’s sentence against the illegal Defendants is too uneasible.

2. Determination

A. In the crime of intrusion upon residence alleged by the court below, the defendants' misunderstanding of the facts and legal principles refer to a structure comprised of the surrounding walls, columns, roof, or ceiling, where people may remove or have access to the structure (see, e.g., Supreme Court Decisions 88Do2430, Feb. 28, 1989; 2005Do5351, Oct. 7, 2005). In full view of the evidence duly adopted and examined by the court below, the advertising tower of this case, which was invaded by the defendants, was fixed on the land, is about 12.5m in width, about 7.3m in height, about 2m in height, and about 2m in height, and about 12m in height, and about 1,000 spaces in height, are installed on the inside of the advertisement tower, and about 3m in width, and about 1,000 in space around it.

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