(영문) 춘천지방법원 2020.11.18 2020노33 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 춘천지방법원 2020.11.18 2020노33

퇴거불응등

Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to Defendants 1) misunderstanding of facts and misunderstanding of legal principles regarding non-compliance with the eviction of the facts charged in the instant case, after the Defendants entered the C Party F Office (hereinafter “Do Party F Office”), the summary of evictions after the Defendants entered the C Party F Office.

Since the police did not have received the Gu, and after the police was called, it was deprived of the Defendants' right to leave due to the fact that they did not have received the Gu, and the police et al. failed to leave other places, the crime of non-compliance with the eviction is not established.

B) As to the charge of interference with business among the facts charged in the instant case, the Defendants did not have the intent to interfere with business, and the Defendants’ act does not constitute the force of the crime of interference with business. C) The Defendants’ act constitutes a justifiable act committed in accordance with the purpose of expressing political opinions, and thus, the illegality is dismissed.

2) The sentence imposed by the lower court on the Defendants (Defendant A: a fine of KRW 3 million, Defendant B: a fine of KRW 2 million is too unreasonable.

B. The sentence imposed by the prosecutor by the court below on the Defendants is too uneased and unreasonable.

2. Judgment on the misunderstanding of facts and misapprehension of legal principles by the Defendants

A. According to the evidence duly adopted and examined by the court below regarding the argument that the crime of non-compliance with the withdrawal is not established, the following circumstances, namely, ① the Defendants entered the Do party office with H and I along with the Do party office and presented a large amount of relief, and the head of the organization team of the Do party office several times from the J of the organization team leader of the Do party office.

Even after receiving the Gu, the Defendant 2, H, and I were arrested at the scene of the crime and forced to leave the scene by the police, and the Defendant 2, H, and I was forced to leave the scene of the crime. ③ The police, etc. shall block the entrance.

유사 판례

-전주지방법원 2015.05.01 2015노120

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-인천지방법원 부천지원 2019.02.19 2018고단2596

-서울북부지방법원 2016.11.10 2015노1942

-서울중앙지방법원 2019.02.14 2018노2865