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(영문) 수원지방법원 2019.09.06 2019노1289
폭력행위등처벌에관한법률위반(공동재물손괴등)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles 1) As to the violation of the Punishment of Violences, etc. Act (joint property damage, etc.), violation of the Punishment of Violences, etc. Act (joint residence intrusion) and interference with business, the Defendant did not direct or conspired with F to remove the fishing village established at Cridge, and even if he/she is found to have ordered or conspired, he/she does not belong to another person because he/she has the right to manage the Defendant, who is the collective ownership of the members, and even if he/she did not have the right to do so, he/she does not belong to another person. The Defendant did not instruct the employees of the guard company called to Cridge to open the entrance into the church through his/her windows, and the victim G illegally occupied the church. As the victim G illegally occupied the church, it cannot be deemed that the actual residential peace is harmed, and there is no fact that the Defendant interfered with the business of the victim H by force by force by entering the above church as a temporary pastor of C church.

B. The lower court’s sentence of unreasonable sentencing (fine 4 million won) is too unreasonable.

2. Determination

A. Determination of mistake of facts and misapprehension of legal principles 1) Violation of the Punishment of Violences, etc. Act (joint property damage, etc.) and violation of the Punishment of Violences, etc. Act (joint residence intrusion and obstruction of business by the court below's duly adopted and investigated evidence, i.e., the following facts or circumstances acknowledged by the court below, which are acknowledged as follows: ① victim H was a member of the C church from November 2015, who was a member of the C church, and was living in the C church with the victim G, who was the member of the C church; ② The defendant dismissed the defendant from the position of the member of the C church as 2016Gahap518 by this court and sent the victim H to the temporary chairperson of the C church.

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