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All appeals by the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant A’s punishment (fine 1.5 million won) is too unreasonable.
B. Defendant B’s punishment (the fine of KRW 300,00) by the lower court is too unreasonable.
2. Determination
A. The following conditions are favorable to Defendant A’s assertion of unfair sentencing.
There was a dispute between the victim and the defendant due to civil claims and obligations, and the defendant did not comply with the request for eviction from the victim's dwelling to secure his/her claims.
Defendant reflects his wrongness.
However, there are the following disadvantageous circumstances for the defendant.
Even if civil claims exist, even if self-help is strictly prohibited, the defendant is required to leave the victim again.
The Office did not comply with the request.
In order to show the above position, the Defendant was forced to commit the instant crime to Defendant B.
The defendant shall leave the victim for an indefinite period from 9:0 p.m. to 3:0 p.m.
The Office did not comply with the request.
In response to the defendant's refusal to leave, the victim could not attend his/her graduation, and it seems that the victim's family members could not recover from the victim's family, or that the victim's family members left the emotional room.
The defendant has been sentenced to a fine twice in violation of the Act on Registration of Credit Business, etc. and Protection of Financial Users.
In addition, considering the defendant's age, character and conduct, environment, motive and background of the crime, means and result, circumstances after the crime, crime records, and all of the sentencing conditions indicated in the arguments and records, it cannot be deemed that the sentence imposed by the court below is too unreasonable.
The defendant's assertion is rejected.
B. The circumstances favorable to Defendant B’s assertion of unfair sentencing are as follows.
The Defendant actively participated in the instant crime upon the request of the Defendant A, who was the offender.
The defendant is an initial criminal who had no criminal record.
The defendant is not healthy.