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(영문) 춘천지방법원 2014.09.24 2013노317
폭력행위등처벌에관한법률위반(공동퇴거불응)
Text

The judgment below

Part concerning Defendant B, C, D, and E shall be reversed.

Defendant

Each sentence for B, C, D, and E shall be pronounced.

Reasons

1. At the time of the summary of the grounds for appeal (the factual errors and misapprehension of the legal principles), the lower court found the Defendants guilty of the facts charged in this case on the premise that the Defendants were using MF and shouldering gambling.

In addition, since the Chuncheon viewingO issued the eviction order without any legal basis at the time, the Defendants did not leave.

This does not constitute a refusal to leave.

Therefore, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the judgment.

2. According to the evidence duly adopted and examined by the lower court regarding the grounds for appeal, it can be acknowledged that the Defendants, without using MF, published their names using small microphones at the time, and the Defendants did not strawling.

However, even if the office, the entrance, the front parking lot, etc. of the office building of the government office is open to the general public during the business hours, and the general public has access or stay, it is merely necessary for the general public to have access or stay in the office, etc. of the government office in order to view it as a normal business, and thus, it is permitted by the manager of the government office to make a comprehensive and implied consent in advance. Thus, it exceeds the scope of a comprehensive and implied consent, and therefore it is impossible to enter or stay without permission of the manager, unless there is a separate consent of the manager. Even if the latter act was entered into the building with the presumed consent of the manager to view it as a normal business, if the actual peace of the building is harmed.

There is a duty to respond to the Gu.

However, the following circumstances are revealed by the evidence duly adopted and investigated by the court below.

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