Japan Supreme Court's Second Petit Bench found three antiwar activists guilty of trespassing when they entered a housing compound of the Self-Defense Forces in Tachikawa(http://search.japantimes.co.jp/cgi-bin/ed20080427a1.html).A full text of Japan Supreme Court's decision is as below.How do you think about the decision?
■ ■ ■ vol.1 ■ ■ ■
Date of the judgment
2008.04.11
Case number
2005 (A) No. 2652
Reporter
Keishu Vol. 62, No. 5
Title
Judgment concerning a case where the court determined that some areas within a housing complex consisting of buildings that is used as the housing for public officials and is under the management of the managers, covering from the gateway on the first floor of each building to the front of the entrance of each residential unit, and the site of the housing complex surrounded by fences and other enclosing equipment, can be regarded as the object of the crime of breaking into the premises set forth in Article 130 of the Penal Code
Case name
Case charged for breaking into a residence
Result
Judgment of the Second Petty Bench, dismissed
Court of the Second Instance
Tokyo High Court, Judgment of December 9, 2005
Summary of the judgment
1. Some areas within the housing complex consisting of buildings that is used as the housing where public officials and their families reside and is under the management of the managers, covering from the gateway on the first floor of each building to the front of the entrance of each residential unit, and the part of the site of the housing complex, which borders on and surrounds each building and for which the managers, by placing fences and other enclosing equipment on the borders to the outside, clearly indicate that said part of the site is used for using each building as the building's annexed land, can be regarded as the "premises guarded by another person" set forth in Article 130 of the Penal Code and the enclosed land surrounding such premises, and as the object of the crime of breaking into the premises.
2. Where a person, with the intention of posting leaflets on which the person's political opinions are stated into the newspaper box installed on the entrance door of each residential unit, enters the common area of the housing complex used as the housing for public officials and their families and the site of the housing complex against the will of the managers of the housing complex, it does not contravene Article 21, paragraph (1) of the Constitution to charge the person with the crime set forth in the first sentence of Article 130 of the Penal Code for such act of entry.
References
(Concerning 1 and 2) First sentence of Article 130 of the Penal Code; (Concerning 2) Article 21, paragraph (1) of the Constitution
Article 130 of the Penal Code
(Breaking into a Residence)
A person who, without justifiable grounds, breaks into a residence of another person or into the premises, building or vessel guarded by another person, or who refuses to leave such a place upon demand shall be punished by imprisonment with work for not more than 3 years or a fine of not more than 100,000 yen.
Article 21, paragraph (1) of the Constitution
Freedom of assembly and association as well as speech, press and all other forms of expression are guaranteed.
Main text of the judgment→2005/e/8df853cd075778ccf778202c4d6db558
vol.1 http://blog.goo.ne.jp/tokyodo-2005/e/b15bf213e32f2b439c876cb510cc5906
vol.2 http://blog.goo.ne.jp/tokyodo-2005/e/8df853cd075778ccf778202c4d6db558
voi.3 http://blog.goo.ne.jp/tokyodo-2005/e/23ef4eefe83e07d1efd4092ad735b663
vol.4 http://blog.goo.ne.jp/tokyodo-2005/e/6d525bf8c7c478e7ff3f5f10b4e79f54
■ ■ ■ vol.1 ■ ■ ■
Date of the judgment
2008.04.11
Case number
2005 (A) No. 2652
Reporter
Keishu Vol. 62, No. 5
Title
Judgment concerning a case where the court determined that some areas within a housing complex consisting of buildings that is used as the housing for public officials and is under the management of the managers, covering from the gateway on the first floor of each building to the front of the entrance of each residential unit, and the site of the housing complex surrounded by fences and other enclosing equipment, can be regarded as the object of the crime of breaking into the premises set forth in Article 130 of the Penal Code
Case name
Case charged for breaking into a residence
Result
Judgment of the Second Petty Bench, dismissed
Court of the Second Instance
Tokyo High Court, Judgment of December 9, 2005
Summary of the judgment
1. Some areas within the housing complex consisting of buildings that is used as the housing where public officials and their families reside and is under the management of the managers, covering from the gateway on the first floor of each building to the front of the entrance of each residential unit, and the part of the site of the housing complex, which borders on and surrounds each building and for which the managers, by placing fences and other enclosing equipment on the borders to the outside, clearly indicate that said part of the site is used for using each building as the building's annexed land, can be regarded as the "premises guarded by another person" set forth in Article 130 of the Penal Code and the enclosed land surrounding such premises, and as the object of the crime of breaking into the premises.
2. Where a person, with the intention of posting leaflets on which the person's political opinions are stated into the newspaper box installed on the entrance door of each residential unit, enters the common area of the housing complex used as the housing for public officials and their families and the site of the housing complex against the will of the managers of the housing complex, it does not contravene Article 21, paragraph (1) of the Constitution to charge the person with the crime set forth in the first sentence of Article 130 of the Penal Code for such act of entry.
References
(Concerning 1 and 2) First sentence of Article 130 of the Penal Code; (Concerning 2) Article 21, paragraph (1) of the Constitution
Article 130 of the Penal Code
(Breaking into a Residence)
A person who, without justifiable grounds, breaks into a residence of another person or into the premises, building or vessel guarded by another person, or who refuses to leave such a place upon demand shall be punished by imprisonment with work for not more than 3 years or a fine of not more than 100,000 yen.
Article 21, paragraph (1) of the Constitution
Freedom of assembly and association as well as speech, press and all other forms of expression are guaranteed.
Main text of the judgment→2005/e/8df853cd075778ccf778202c4d6db558
vol.1 http://blog.goo.ne.jp/tokyodo-2005/e/b15bf213e32f2b439c876cb510cc5906
vol.2 http://blog.goo.ne.jp/tokyodo-2005/e/8df853cd075778ccf778202c4d6db558
voi.3 http://blog.goo.ne.jp/tokyodo-2005/e/23ef4eefe83e07d1efd4092ad735b663
vol.4 http://blog.goo.ne.jp/tokyodo-2005/e/6d525bf8c7c478e7ff3f5f10b4e79f54
