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The judgment of the court below is reversed.
The Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.
Reasons
Summary of Grounds for Appeal
① The place of crime indicated in the facts charged is a neighboring land that contributes to the use of “L building”, which is an employee lodging of the victim N Co., Ltd. (hereinafter “victim company”), and its neighboring land is established with a fireproof team, and thus its boundaries are clearly distinguishable from the outside. Moreover, the place where a division or control by human and material facilities, such as the first, second blockingr, and parking guide personnel, is conducted, and the above summary, which is the object of the crime of intrusion upon residence, constitutes a summary of the crime of intrusion upon residence. ② Defendants’ status or outline
(3) The Defendants’ act does not fall under legitimate trade union activities, and thus does not constitute justifiable acts, despite the fact-finding or misapprehension of legal principles, the lower court acquitted the Defendants by misapprehending the legal doctrine.
Judgment
Before the judgment on the grounds for appeal by the prosecutor ex officio, the part of the facts charged in this case that "the prosecutor entered the "before the door" of the L building located in the L building site for distributing the publicity materials of the trade union" was changed to "the person entered the L building "in order to distribute the publicity materials of the trade union", and the application for the permission for the modification of a bill of indictment was stated to the purport that "in front of the door" is changed to "in front of the door," but this is deemed to be an obvious clerical error in light of the initial facts charged, so the application for the permission for the modification of a bill of indictment by the prosecutor is deemed to be changed to "in front of the door".
Preliminaryly, Article 319(2) of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc.) and Article 319(2) of the Criminal Act are added to the ancillary charges as follows.