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(영문) 대전지방법원 2016.05.04 2015노3379
폭력행위등처벌에관한법률위반(공동주거침입)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant invadeds the victim's structure to resist or use violence against theJ.

Nevertheless, the lower court deemed the Defendant’s above act as a justifiable act to restrain another person’s use of violence, and found the Defendant not guilty of the facts charged in this case. In so doing, the lower court erred by misapprehending the facts and misapprehending the legal doctrine.

2. The court below held that L was contained in the instant structure in order to clarify the Defendant’s use of violence against some participants in the assembly at the court of the court below.

A statement, a person who entered the entrance at the time Jdo was D, E, and the following G was included. Around that time, the defendant was on his side.

According to the circumstances, including the fact that the defendant's actions at the time were not observed accurately, the J believed that the defendant's change of the defendant's entrance into the entrance and exit room to prevent other assembly participants from exercising violence. Thus, the defendant's act as stated in the facts charged of this case constitutes a legitimate act, and thus, the J acquitted the defendant of the facts charged of this case.

The following circumstances acknowledged by the evidence duly adopted and examined by the court below, i.e., ① at the time of the court below’s trial, J was unable to listen to the Defendant’s speech at the time of the court below’s trial, and subsequently, was sold from another person; whether the Defendant’s above behavior was committed to lead aJ; or whether the Defendant’s act was committed to lead aJ; and whether the Defendant’s act was committed against another person who led aJ is objectively distinguishable; ② the Defendant did not actively participate in the investigation agency’s entry into the instant structure and use of violence against theJ.

In light of the fact that the above decision of the court below is just and acceptable.

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