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(영문) 대구지방법원 2014.04.03 2013노3246
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Error of facts and misapprehension of legal principles did not jointly intrude a residence or interfere with worship as stated in the facts charged in the instant case.

The Defendants are merely entering each center to inform the members of the Korean SGI executive organ of the corruption, etc. and explain it to the members in order to correct it. Therefore, the Defendants’ acts constitute legitimate acts.

The judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous by misapprehending the legal principles.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (two million won per fine) is too unreasonable.

2. Determination

A. 1) The crime of intrusion upon residence in violation of the Punishment of Violences, etc. Act (joint residence) is the legal interest protected to protect the peace of the residence. Thus, whether a resident or a manager has the authority to reside in or manage a building, etc. does not depend on the establishment of the crime. Even if a person has been permitted to enter the building due to the relationship with the resident or manager, etc., if the act of entering the residence was committed against the explicit or presumed intention of the resident or manager, the crime of intrusion upon residence is established. In addition, even if an open place is generally open, the manager may prohibit or restrict entry, and if the manager enters the premises of the residence or building unreasonable against the intention of prohibition or restriction of entry, the crime of intrusion upon residence constitutes the crime of infringement upon residence (see, e.g., Supreme Court Decisions 94Do336, Sept. 15, 1995; 2007Do2595, Aug. 23, 2007; and the court below duly adopted and investigated the evidence from the Korean member from BG and the 20G.

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