폭력행위등처벌에관한법률위반(공동감금)등
All appeals are dismissed.
The grounds of appeal are examined.
1. According to the records on Defendant A’s grounds of appeal, the above Defendant appealed against the first instance judgment, along with the allegation of unfair sentencing in the grounds of appeal, and asserted misconception of facts or misapprehension of legal principles as to obstruction of business as of May 6, 2012, but withdrawn the grounds of appeal by mistake of facts or misapprehension of legal principles as to the violation of the Punishment of Violences, etc. Act (joint confinement) as alleged on the date of the first trial of the lower court.
In such a case, the argument that the judgment of the court below erred in the misconception of facts as to the violation of the Punishment of Violences, etc. Act (joint confinement) cannot be a legitimate ground for appeal.
In addition, in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court’s determination that the Defendant was guilty of obstruction of business as of May 6, 2012 among the facts charged in the instant case on the grounds stated in its reasoning is justifiable. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of logic and experience
2. Examining the grounds of appeal by Defendant E in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the judgment below, the court below was just in finding the Defendant guilty of all of the charges in this case on the grounds stated in its holding. Contrary to what is alleged in the grounds of appeal, the court below did not err by misapprehending the law on logic and experience and exceeding the bounds of the principle of free evaluation of evidence or by misapprehending the legal principles
In addition, according to Article 383, Paragraph 4 of the Criminal Procedure Act, death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is imposed.