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(영문) 대전지방법원 2014.01.15 2013노1769
폭력행위등처벌에관한법률위반(공동주거침입)교사
Text

The judgment of the court below is reversed.

Defendant

Sentence B and C shall be suspended, respectively.

Defendant

A is innocent. Defendant A is not guilty.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles 1) Defendant A merely stated that Defendant A would take part in the crime of this case after hearing a report from Defendant B and C that he would want to take part in the teaching room of the victims, and it is difficult to view that Defendant A participated in the crime of this case. Even if the joint principal principal offender was established, the case constitutes a case where he was found to have been responsible as a mistake of law by taking advice from the attorney and labor staff as a legitimate act, and thus, constitutes a case where he was found to have been responsible as a mistake of law. However, the court below erred by misunderstanding of facts or misunderstanding of legal principles, which found Defendant B guilty of the Defendant. Defendant B merely took part in the crime of this case. Even if the joint principal principal offender was established, it is difficult to view that Defendant B participated in the crime of this case because it was merely a mistake of law or misunderstanding of legal principles.

3) The victims of the defendant C did not work normally after the school juristic person was dismissed from office, and even at the time of the instant case, the legal interest protected by the law was extinguished due to the failure to file a petition or lawsuit. Thus, even if the legal interest of the victims is acknowledged, the defendant C did not infringe the victim's room against the victim's will. Even if the legal interest of the victims is recognized, the defendant C trusted the expert's advice that constitutes a justifiable act and did not hold the professor's office, and this constitutes a case where the legal error is dismissed, and thus, the judgment of the court below convicts the victims of the violation of the law, which affected the conclusion of the judgment by misapprehending the legal principles.

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