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(영문) 광주지방법원 2016.12.14 2016노1647
퇴거불응
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The expulsion of a defendant by a misunderstanding of facts and misunderstanding of legal principles C organization (hereinafter “instant C organization”) is inappropriate as procedural problems arise. Even if there is no issue of disciplinary action, the defendant, as a matter of course, has the authority to participate in the event organized by the branch office of the instant C organization, as the head of Dong-gu Branch Office under the Gwangju Metropolitan City branch office of the instant C organization, and thus, the head of Gwangju Metropolitan City E.

The Gu's improper act does not constitute a refusal to leave.

B. The lower court’s sentence of unreasonable sentencing (one million won of fine) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts and misapprehension of legal principles, the Defendant is required to leave the Defendant on the ground of expulsion and provisional disposition prohibiting access from the head of Gwangju Metropolitan City Branch E from December 22, 2015 to November 35, 2015.

The fact that the Gu has received the Gu but fails to comply with it without authority may be recognized.

Therefore, the judgment of the court below is just and acceptable, and there is no error of law such as misunderstanding of facts or misunderstanding of legal principles alleged by the defendant.

Defendant’s assertion is without merit.

① According to the articles of incorporation of the instant C organization, a person subject to disciplinary action cannot be a member of the instant C organization (Article 7(3)3), and the branch office of the instant C organization shall have a branch office and manage the members within the jurisdiction of the basic local government (Article 10 subparag. 4), and the disciplinary action against a member shall be classified into expulsion, expulsion, suspension from office, suspension from office, and reprimand, and expulsion means the deprivation of the qualification of a member.

(2) On March 5, 2015, the Gwangju Metropolitan City Branch of the instant C Group recommended the Defendant to take disciplinary action against the National Federation Chairperson of the instant C Group, and the Chairperson of the instant C Group on April 13, 2015.

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