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(영문) 서울고등법원 2016.05.13 2015노2799
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

The management entity of the clan of this case still is the clan of this case since there was no misunderstanding of the substance of the grounds for appeal and misunderstanding of the legal principles (defendants) by misunderstanding of the facts and granting management authority to I, and the act of the defendant entering the clan of this case is not against the explicit or implied intention of the clan of this case, and it is difficult to view that the act of the defendant entering the clan of this case was against the explicit

There was no damage to the fence of the instant party on the day of the instant case, and there was no fact that the reading center of the instant party was damaged, and the Defendant conspired with other members of the instant party and did not damage the instruments and reading center of the instant party in collusion.

Each of the crimes in this case constitutes an act that does not violate the regulations of society in accordance with Article 20 of the Criminal Act, and thus, illegality is excluded.

The sentencing of the court below (the defendant and the prosecutor) is unfair because the sentencing of the court below (one year of imprisonment, two years of suspended sentence, and 80 hours of community service) is too unreasonable (the defendant). On the contrary, the above sentencing is unfair because it is too unfasible to the defendant (the prosecutor). On the contrary, as to the assertion of misunderstanding the facts and misapprehension of the legal principles, the crime of intrusion upon residence is de facto a legal interest in protecting the peace and peace of the dwelling. As such, the issue of whether the resident or the guard has a legal authority to reside in the building, etc. does not depend on the establishment of the crime, and even if the right holder has lost his/her legal authority after lawfully commencement of his/her residence or the guard, if he/she intrudes on the residence or the structure without following due process to exclude it, the crime of intrusion upon residence is established.

B. In the crime of intrusion upon residence, the term "influence" means an intrusion against the will of a resident or a person who is sufficient to enter, and no resistance is required to be received, and the manager may, if necessary, prohibit or restrict the entry of an open place.

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