폭력행위등처벌에관한법률위반(공동주거침입)
All appeals filed by the prosecutor against the Defendants are dismissed.
1. The summary of the grounds for appeal by the prosecutor is that the court below suspended a sentence (the suspended sentence: the defendant A, B, and C shall be sentenced to a fine of KRW 700,000 and the defendant D shall be sentenced to a fine of KRW 1,00,00) against the defendants who attempted to achieve their demands by mobilization of multiple power, despite the existence of other legitimate means of appeal. Such sentencing by the court below is too unreasonable.
2. Although the Defendants did not follow the procedure prescribed by the rule of law and did not constitute a minor crime by intrusion upon the headquarters of the National Assembly by combining several persons, the Defendants’ motive or circumstance may be considered in the above crime in order to improve the human rights of persons with disabilities and guarantee their right to life. However, in light of all the sentencing conditions including the Defendants’ age, character, environment, motive and circumstance of the crime, and circumstances after the crime, the lower court’s suspension of sentence to the Defendants is too unscheduled, and thus it is not recognized that unfair sentencing is not recognized, considering the following circumstances: (a) the Defendants completed the check at around 09:30 on the last day of the month following the date, and voluntarily dissolved; (b) there was no particular physical conflict in the process; (c) all the Defendants lack the ability to pay a fine because there are many restrictions on the activities of persons with severe disabilities and economic difficulties; and (d) the Defendants are able to express opinions within the framework prescribed by the law.
3. In conclusion, the prosecutor's appeal against the defendants is without merit, and all of them are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.