폭력행위등처벌에관한법률위반(공동재물손괴등)등
All appeals by the Defendants are dismissed.
1. The summary of the grounds for appeal is that each sentence imposed by the lower court on the Defendants (one year of imprisonment and two years of suspended execution; two years of community service order 120 hours; fine of 5 million won in case of Defendant B; fine of 5 million won in case of Defendant D; fine of 5 million won in case of Defendant C; and fine of 3 million won in case of Defendant C) is too unreasonable.
2. The judgment of the court below is acknowledged that the defendants recognized the facts charged of this case and against their mistake, there are circumstances that can be taken into account the circumstances leading to the crime of this case, and that there was no history of punishment for the same kind of violent crime. Meanwhile, the crime of this case is not good in light of the method, circumstance, and contents of the crime that the defendants invaded into the memorial park operated by the victim corporation with multiple service personnel for three hours and damaged property and interfere with the operation and management of the memorial park operated by the victim corporation. In particular, the defendants A led other defendants to commit the crime and led them to the crime; the defendants did not agree with the victim corporation; the defendants were indicted on suspicion that they interfered with the business of the victim corporation in around 2015, and they committed the crime of this case without being aware of the fact that the first instance court's punishment was committed; the defendants A and the defendants B were punished three times due to the same kind of violent crime, and the defendants were sentenced to a fine in this case's age and character, and there were no special reasons for the defendants to change in circumstances.
3. In conclusion, the Defendants’ appeal is without merit, and thus, it is in accordance with Article 364(4) of the Criminal Procedure Act.