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(영문) 대구지방법원 2013.10.24 2013노1520

집회및시위에관한법률위반등

Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (the fines of two million won for each of the defendants A, B, and C, and the fines of one million won for each of the defendants D) declared by the court below is too unreasonable.

2. There are some extenuating circumstances for the Defendants to consider the motive leading to the instant crime, and the Defendants recognized all the instant crimes and expressed in depth the mistake.

The health of the Defendants is not good or there are circumstances that make it difficult for them to take economic measures.

However, Defendant A, B, and D have a record of being punished several times for the same crime, and Defendant C has a record of being punished for the same crime.

Defendants occupy and leave the Daegu City Council Speaker's Office to disregard the procedures prescribed by law and to accomplish their demands.

The nature of the crime and the situation of the act of refusing to the Gu are hot.

Examining the sentencing conditions shown in the records and arguments of this case, including equity in the punishment with other similar cases, as well as the age, character and conduct, environment, etc. of the Defendants, it is difficult to deem that the lower court’s punishment is too unreasonable.

3. As such, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals are without merit. It is so decided as per Disposition.