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(영문) 서울남부지방법원 2014.02.06 2013노1889
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

The summary of the reasons for appeal by the prosecutor is that the punishment of the judgment of the court below against the defendants (the fine of 500,000 won per 50,000 won) is too uneasible

In light of the circumstances where the Defendants were punished for the same and similar crimes, and the Defendants’ act was sufficiently aware that their act was illegal, in light of the following: (a) the Defendants’ act was committed several times; (b) a banner and a blag, stating the phrase such as “the re-employment in the original position to be harmed; (c) a special law on the re-establishment of the re-employment in the original position to be a public official; and (d) a banner by entering the National Assembly; and (c) a banner by suffering a blag; and (d) a

Nevertheless, the defendants' actions are different from that of the crime of violation of the Assembly and Demonstration Act, so they cannot be deemed to seriously reflect their errors.

However, in light of various sentencing conditions as shown in the arguments of this case, such as the method of the crime of this case, background and background of the crime, circumstances after the crime of this case, the defendants' age, personality and conduct, and family relation, where the defendants wear a banner and carry a banner 2 to 3 times, the time of the demonstration is only five minutes, and the time of the demonstration is only five minutes to the Protection Board of the National Assembly. The defendants are subject to restraint and arrest to the Protection Board, and there is no particular violence or disturbance in the process of the arrest of the police, and the defendants are economically difficult. The prosecutor's assertion is without merit.

Therefore, the appeal by the prosecutor against the defendants is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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