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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal D is the legitimate manager of the building of this case (the building of Goyang-gu C above the ground of Goyang-gu, Yangyang-gu) and D's eviction.
Although the defendant's act of failing to comply with the Gu constitutes a crime of non-compliance with the eviction, the court below found the defendant not guilty of the facts charged in the case.
2. On July 11, 2012, the Defendant received a request from the victim that “this building should be removed,” from the victim “Ecom Association,” which is managed by the victim D in Gyeyang-gu, Soyang-gu, Hongyang-gu, Seoyang-gu.”
However, the defendant does not comply with it and moves the above church to his/her domicile, and resides until September 27, 2012, and leaves without justifiable reasons.
The Gu refused to comply with the Gu.
3. Determination
A. The court below's decision that held that the crime of non-compliance with the eviction is a de facto residential peace and protected legal interest, and thus, must be withdrawn.
The subject of the Gu is the person who actually maintains the peace of residence by occupying or managing the building, etc., and the statement in D's investigative agency and this court alone is required to leave the defendant.
At the time of July 11, 2012, the Gu had maintained the possession of the instant church building in a peaceful manner.
(1) The lower court acquitted the Defendant of the instant facts charged on the ground that the evidence submitted by the Prosecutor alone was insufficient to recognize the facts charged.
B. The prosecutor presents evidence that there is a criminal fact in a criminal procedure for the judgment of the trial court. Even if the defendant's indictment is unreasonable and the defendant's indictment is false, it cannot be disadvantageous to the defendant. The proof of criminal facts must have a judge have a high probability to acknowledge high level of probability to the extent that there is no reasonable doubt, and if there is no evidence to establish such a degree of conviction, the defendant shall also have no evidence.