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(영문) 울산지방법원 2021.03.26 2020노1385
재물손괴등
Text

The prosecutor's appeal is dismissed.

Reasons

The building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building.

Even if the act of damaging the property of this case and intrusion on the structure of this case is not a legitimate act that is dismissed as illegality.

Judgment

Even if the evidence duly admitted and duly examined by the lower court showed the legal statement of E by the witness of the first instance court, the Defendant had a real intention to occupy and manage the said building to E around April 4, 2019, which commenced to occupy H among the instant buildings for the purpose of exercising the right of retention.

The judgment of the court below which acquitted the defendant on the ground that the defendant's act of destroying lock devices and entering the building of this case constitutes a justifiable act that does not violate the social rules and thus, the illegality of the act of removing possession of the above company, which is required to exercise the right of retention as the representative director of the corporation B, is dismissed. It is just in the judgment of the court below which acquitted the defendant on the ground that the defendant is not guilty on the ground that the act of destroying lock devices and entering the building of this case constitutes a justifiable act that does not violate the social rules, and there is no error of misunderstanding the facts or misunderstanding the legal principles as pointed out by the prosecutor.

Therefore, prosecutor's assertion is without merit.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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