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(영문) 대전지방법원 2015.06.05 2014노2712
폭력행위등처벌에관한법률위반(공동퇴거불응)등
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. The summary of the grounds for appeal did not leave the apartment of this case after considering G’s request that the apartment of this case be sent out, and even though the above apartment is removed from the main agent, the court below acquitted the Defendant of the facts charged of this case. The court below erred by misapprehending the facts.

2. Determination

A. The following facts charged are examined ex officio prior to the judgment on the grounds for appeal for ex officio determination, and the prosecutor’s existing facts charged as to the damage and damage to property when the appeal was brought to the trial.

B. (2) As described in paragraph (2), an application for amendment to a bill of amendment was filed with the purport of adding “Article 30 of the Criminal Act” to the applicable provisions of the Act, and this Court changed the subject of the judgment upon permission, and the judgment of the court below was no longer maintained. However, the prosecutor’s allegation in the grounds for appeal on mistake of facts, despite the reasons for ex officio destruction, is still subject to the judgment of the court, and this is examined by changing the claim, and the facts charged with the violation of the Punishment of Violences, etc. Act (joint withdrawal) is based on the changed facts charged at the trial. (B) Even though the Defendant did not obtain permission for occupancy from D, the owner of Daejeon Heavy apartment C305, the owner of the Daejeon Middle-gu, Daejeon apartment C305, even if he did not obtain permission for occupancy from D, the Defendant was jointly with E and F, and the Defendant went to the Defendant’s director on March 11, 2013 for C apartment 305, without complying with the victim’s request without justifiable reasons.

The Gu refused to comply with the Gu.

2. The Defendant who destroyed and damaged property shall withdraw from G again on March 31, 2013, as seen above.

E, which is likely to receive the Gu, proposes to change the door door number number of C Apartment 305 No. 305 and to change the door door number, and E, while informing E of the phone number of the key, makes the Defendant's cell phone phone to I.

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