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(영문) 울산지방법원 2020.10.23 2020노864
공용물건손상등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment (a fine of 6 million won) against Defendant A is too unreasonable.

B. The lower court’s punishment (one million won of fine) against Defendant B is too unreasonable.

C. The lower court’s punishment against Defendant C and D Defendants (each fine of KRW 2 million) is too unreasonable.

Defendant

E The sentence of the lower court (the fine of 3 million won) against the Defendant is too unreasonable.

E. The lower court’s sentence against the Defendants on the prosecutor is too unhued and unreasonable.

2. As to the grounds of appeal, the Defendants’ failure to repeat the crime in response to their mistake, and the value of public goods damaged by the Defendants’ crime is relatively small, Defendant A, C, D, and E are primary offenders, and Defendant B’s failure to focus on the degree of participation in the crime is favorable to the Defendants.

On the other hand, in order to observe the requirements of the Defendants without using the method of industrial action against the employers as prescribed by our labor relations law, the Defendants committed an illegal demonstration for a long time, and also invaded on the rooftop of the Ulsan Metropolitan City Assembly building without permission, and Defendant A led the instant crime, and Defendant B committed a second offense despite the same punishment power, and committed a second offense while the degree of the Defendants’ participation in the remaining Defendants’ criminal acts is disadvantageous to the Defendants.

In addition, in full view of the Defendant’s age, character, conduct and environment, motive, means and consequence of the commission of the crime, and all of the factors of sentencing as indicated in the instant case’s records and arguments, such as the circumstances after the commission of the crime, the lower court’s punishment is too heavy or uneasible.

Therefore, the defendants and the prosecutor's arguments are without merit.

3. Conclusion, the defendants and the prosecutor.

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