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(영문) 수원지방법원 2012.12.06 2012노4517
폭력행위등처벌에관한법률위반(공동주거침입)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. It was true that the Defendant, as stated in the facts charged in this case, intruded the victim D’s E jointly with the participants of the demonstration as stated in the facts charged. However, the Defendant was present at a meeting to support the dismissed workers and members from the victim company and entered into the meeting, and did not have any physical conflict or tangible power during that process. Since the exercise of performances, etc. held in the front and rear end of the fleet, it was left without delay through a regular question, it does not violate the social rules, and thus, the court below found the Defendant guilty of the facts charged in this case, even if it is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment.

B. Even if the Defendant was found guilty of an unreasonable sentencing sentence, in light of the fact that the Defendant’s participation in the instant crime was not significant, and that there was considerable circumstances to take into account the circumstances leading to the instant crime, the sentence imposed by the lower court is too unreasonable.

2. Determination:

A. The "act that does not violate social rules" as stipulated in Article 20 of the Criminal Act in determining the assertion of legal principles refers to the act that is acceptable in light of the overall spirit of legal order or the social ethics or social norms surrounding it. Whether certain act is justified as a legitimate act that does not violate social rules and thus, the illegality should be excluded, under specific circumstances, should be determined on an individual basis, based on a concrete basis. In order to recognize such legitimate act, the following requirements are required: (i) legitimacy of the motive or purpose of the act; (ii) legitimacy of the means or method of the act; (iii) balance between the protected interest and the infringed interest; (iv) urgency; and (v) supplementaryness that there is no other means or method other than the act.

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