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(영문) 청주지방법원 2019.03.21 2019노102
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for eight months.

However, this decision is delivered to the Defendants.

Reasons

1. The sentence of the lower court against the Defendants in summary of the grounds for appeal (eight months in prison) is too unreasonable.

2. In light of the fact that one party uses collective violence that infringes on the other party's rights and interests without disregarding due process, based on the background of the dispute between a religious group and a strike within a religious group, and such an act of violence should be strict in light of the social risk of the act of violence and the need for protection of legal order, etc. In light of the fact that the victim's leading role in the crime of this case is the victim's strong punishment in the process of the crime of this case, it cannot be said that the nature of the crime of this case and the crime of this case are light.

However, the fundamental cause or responsibility of the instant crime appears to be in the organization against each other by imposing a punishment, and the Defendants are only individuals who belong to a religious group and act in accordance with the direction of the guidance division, with the first offender who has no criminal power at all, and they committed acts in accordance with the direction of the guidance division. In the first instance trial, each of the instant charges that were denied by the court below, and they reflect in depth the wrongness, and deposited KRW 10 million for Q of the injured victim, and even though multiple times, human and material damage caused by the instant crime were not significant, and the Defendants were deemed to have deeply acquired the importance of legal norms through confinement life exceeding 2 months in this case, and the sentencing conditions shown in the instant records and arguments such as age and character of the Defendants, social relation, motive and background leading up to the instant crime, means and consequence of the instant crime, as well as the circumstances after the crime are considered, each of the judgment below is deemed to be unfair.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, as the defendants' appeal is with merit.

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