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(영문) 서울서부지방법원 2019.09.19 2019노621
폭력행위등처벌에관한법률위반(공동퇴거불응)
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendants 1) 1) misunderstanding of facts as to the Defendants’ offense of violation of the Punishment of Violences, etc. Act or visits by the Defendants within a considerable extent from the perspective of their purpose and means, and thus, the illegality is denied as a justifiable act. As such, the judgment of the court below convicting the Defendants of this part of the facts charged is erroneous by misapprehending the facts or by misapprehending the legal principles. 2) Defendant B merely made a statement to express opinions in the process of actively protesting against the unspecified employees of D who prevents the delivery of the written objection, etc., and there was no insult for the purpose of damaging the victims’ personal value. Thus, the judgment below convicting the Defendants of the facts charged is erroneous by misapprehending the facts.

3) The sentence imposed by the lower court on the Defendants (a fine of one million won) is too unreasonable. B. The sentence imposed by the lower court on the Defendants (a fine of one million won is too uneased and unreasonable.

2. Judgment on the misunderstanding of facts or misapprehension of legal principles by the Defendants

A. As to the defendants' violation of the Punishment of Violences, etc. Act (joint expulsion), the court below asserted the same purport as the grounds for appeal in this part at the court below. The court below held that ① visited the D Center without prior consultation by the defendants, ② boarding the elevator in order to move the elevator to the 8th floor office with a letter of resistance by arrival at the 1st floor, ② boarding the elevator in order to turn the elevator to the 8th floor office, but the elevator was operated to the 5th floor, and the 8th floor was allowed only by the permitted parties, so there was no prior consultation. ③ They reached the elevator on the ground that they did not enter the 8th floor.

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