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(영문) 서울중앙지방법원 2017.11.16 2017노2093
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) Defendants (1) misunderstanding the facts and misapprehension of the legal principles, ① the act of Defendants A and B does not constitute the intrusion of a structure, and even if the act of Defendants A and B does not constitute the intrusion of a structure, it constitutes a legitimate act or a legitimate defense.

② Violation of the Assembly and Demonstration Act (hereinafter “Violation of the Assembly and Demonstration Act”): Defendant A did not hold each assembly of this case, and each assembly of this case does not constitute an assembly subject to prior report.

No such person shall be qualified as a master.

Even if Defendant A or C did not report each outdoor assembly of this case, the act of hosting each outdoor assembly of this case constitutes an act within the general social order or a legitimate act or a legitimate defense.

(2) The sentence of the lower court’s improper sentencing (Defendant A: fine of KRW 2 million; fine of KRW 500,000; fine of KRW 500,000; and fine of KRW 300,000) is too unreasonable.

B. The lower court’s sentence imposed on the Defendants is too uneasible and unreasonable.

2. Determination

A. (1) The Defendants asserted that the Defendants’ act of Defendant A and B does not constitute the intrusion of a structure, and even if the act constituted the intrusion of a snow structure, it constitutes a justifiable act. The lower court rejected the Defendants’ assertion in its reasoning.

According to the evidence duly admitted and examined by the court below, the above judgment of the court below is justified, and this part of the defendants' assertion is without merit.

(2) The Defendants asserted in the first instance that the Defendants’ act constitutes legitimate defense.

To recognize a certain act as a legitimate defense, the act must be reasonable to protect the present unfair infringement of one's own or another's legal interests, and the defendants' act infringes on the present unfair legal interests.

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