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(영문) 대법원 2017.3.16.선고 2016도16172 판결
업무방해,폭력행위등처벌에관한법률위반(공동퇴거·불응),폭력행위등처벌에관한법률위반(공동주거침입)
Cases

2016Do16172 Violation of the Punishment of Violences, etc. Act (joint expulsion)

4) Violation of the Punishment of Violences, etc. Act (Joint Residence)

Defendant

1. A;

2. B

A person shall be appointed.

Appellant

Prosecutor

Defense Counsel

Law Firm D (For all the Defendants)

Attorney E, F, G, H

Judgment of the lower court

Seoul Central District Court Decision 2016No2087 Decided September 30, 2016

Imposition of Judgment

March 16, 2017

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court is the first instance judgment which acquitted the Defendants on the grounds that each of the facts charged in the instant case against the Defendants constitutes a justifiable act and not a crime.

was maintained.

Examining the record, the lower court’s aforementioned determination is justifiable. In so doing, it did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the requirements of justifiable acts in strike

Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Park Jae-young

Justices Park Sang-ok

Justices Kim Jae-tae

Justices Jo Hee-de

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