폭력행위등처벌에관한법률위반(공동감금)등
Defendant
All appeals filed by A, C, G, I, and Prosecutor are dismissed.
1. The summary of the grounds for appeal is as follows: Defendant A, C, G, and I (two years of suspended sentence in one year of imprisonment; two years of suspended sentence in six months of imprisonment; Defendant C: imprisonment with prison labor in eight months; and Defendant G; and Defendant I: fine of KRW 200,000) are too heavy or unfased and unfair; the rest of the Defendants (Defendant B and F: fine of KRW 3 million; fine of KRW 1 million in each case; KRW 5 million in each case; KRW 5 million in each case; KRW 2 million in each case); Defendant J, and K) are too unfased and unfair.
2. Even if the purpose of pursuing the determination is reasonable, if the illegal act is used as a means, it cannot be accepted as an act beyond the limit of exercising the right.
In order to achieve its purpose, the Defendants used multiple consolations to exercise heavy violence repeatedly over several times to the victim who was the manager of the company, and also interfered with the business of the victim company to the extent of considerable damage to the victim company. In light of the above method of crime, the victim suffered from the crime of this case, and the degree of damage to the victim company, the crime of the defendants is very heavy.
In addition, the Defendants’ crime of using violence in the course of assembly or demonstration caused the danger that the entire assembly could have been deteriorated in terms of violence, and the assembly and demonstration directly intrudes on public institutions and buildings, and cause considerable confusion to the public institutions and many users of the assembly and demonstration.
In addition, Defendant G, H, I, and K had the record of being punished for the same kind of crime, and Defendant A has the record of being punished for the crime of interference with business, and Defendant C, D, E, and F had the record of being punished for the crime of violence, but they have committed the crime of this case. In particular, Defendant G committed the crime of this case during the suspension period of execution due to the same kind of crime.
(b).