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All appeals by the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The judgment of the court below that found Defendant A guilty of the facts charged in this case on the ground that Defendant B only prepared a letter on behalf of the members, and Defendant B did not interfere with the victim’s director’s duties, was erroneous in the misapprehension of facts.
B. Each sentence of the judgment of the court below on unreasonable sentencing (a fine of 700,000 won) is too unreasonable.
2. Determination
A. According to the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, it can be acknowledged that at the time of this case, Defendant A was the president of the D Housing Association, Defendant B was the chief of the D Housing Association, Defendant A was the chief of the Plaintiff’s association, Defendant A was the chief of the Plaintiff’s association, and Defendant A knew that the first preceding day of this case was the director, and notified the members of the Plaintiff to stop it. On the day of this case, Defendant A did not have a director for a long time by hindering the victim’s moving-out of the first article. Defendant A was at the same site with the members of the Plaintiff at the time. Defendant B was in contact with Defendant A, and Defendant B requested Defendant B to prepare and affix a letter of request that I pay KRW 40,000 to Q, etc. on condition that I would have arrived at the site after having arrived at the site and allowed I to sign and affix a seal, and the Defendants could have a director after signing and sealing the above written statements. Accordingly, according to the above facts of recognition, the Defendants’ assertion is without merit.
B. There are favorable grounds for sentencing, such as the Defendants’ failure to commit the instant crime for the benefit of each association as the president and the general secretary of each association, and the Defendants’ economic situation is difficult. However, the lower court reflected such circumstances in its lower judgment to reduce the amount of fine under the summary order (one million won).