logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.03.04 2015노3815
건조물침입등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s misunderstanding of facts (as to Defendant A1’s interference with business) only requested to open doors at the date, time, and place recorded in the facts constituting an offense as indicated in the judgment below, and did not interfere with the business by sound as shown in the facts constituting an offense.

2) Legal misunderstanding of the legal principles (related to the intrusion of a structure) Defendant A is a joint proprietor of the interest of the owner of the instant structure, and the entry into the instant building does not constitute intrusion on the structure, and even if such falls under the case, such entry does not conflict with the law through counsel

The liability shall be dismissed as an act committed by mistake and mistake.

B. Defendant B (misunderstanding of the facts about interference with business) was the date, time, and place stated in the facts constituting the crime as stated in the judgment below, and there was no fact that Defendant B interfered with his business by breaking the door as shown in the facts constituting the crime.

2. Determination

A. The following circumstances can be acknowledged based on the evidence duly adopted and examined by the court below and the court below as to the defendants' interference with the business of the defendants, i.e., the Bas Co., Ltd., which was part of the business in the building of this case, and Lina Co., Ltd

The employees belonging to this wife consistently with the investigation agency from the court to the court of the court below, and the Defendants interfered with their business by making sound as stated in the facts constituting the crime in the judgment below and destroying the doors.

In particular, the witness E and F of the lower court stated that Defendant A “I shall not Domine”

Defendant B directly saw that he saw that he mar mar mar by opening the door mar and that he saw that he mar sar.

The defendants do not have to have the same act as the facts stated in the facts constituting a crime in the judgment of the court below on the video which was submitted by the prosecutor to the court below. However, the above video was taken after the defendant A entered the site of the building of this case beyond the wall and the police officer arrived at the site.

arrow