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(영문) 서울중앙지방법원 2016.06.10 2016노32
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts and misunderstanding of legal principles) is irrelevant.

E and other employees had prevented the defendant from getting off the elevator at the five-story customer center and getting off the elevator outside of the office, but the defendant attempted to get up the headquarters room and getting out of the elevator.

In the process of protesting against this, he was tightly or somewhat saw;

Even if there is a legitimate defense or legitimate act, it constitutes a legitimate act.

2. If the reasoning presented by the lower court as to the same argument and the following circumstances revealed based on the evidence examined by the lower court and the appellate court were combined, it is difficult to view that the Defendant committed the same crime as the facts charged, and that this constitutes a legitimate defense or legitimate act.

(1) According to the security manual for access to government office buildings, an outside visitor may use his/her identification card to enter the office after presenting his/her identification card to the office for guidance, obtain a certificate of visit from a public official in charge of duties, comply with the guidance of the public official in charge of duties, and place restrictions on access if it is likely to harm security in the

② On the date of the occurrence of the instant case, the Defendant visited Japan that received complaints regarding the civil petitions for baggage sent to Japan, and visited Japan, through the first floor information room, announced to the customer center contact room on the fifth floor, and had an interview for more than one hour with the competent public official.

5 There were only one entrance and one corridor leading to the office at the contact room of the 5th floor customer center, and there was a entrance door leading to the corridor in all open spaces, and the Defendant had a hallway leading to the corridor.

However, considering the closed circuit images of the customer counseling room, the defendant has entered the contact room through the public officials in charge and their doors, and the public officials in charge have not taken any measure at the time of closing the door, and the defendant is the defendant.

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