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(영문) 서울고등법원 2019.08.29 2019노1289
특수재물손괴등
Text

The judgment below

Of them, the part against Defendant C shall be reversed.

Defendant

C shall be punished by a fine of KRW 2,000,000.

Defendant .

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable that the sentence imposed by the lower court on the Defendants (two years of suspended sentence in October, and two years of suspended sentence, Defendant C: fine of three million won, Defendant D, E, and G: each fine of two million won) is too unreasonable.

2. Determination

A. Defendant C and the pertinent item are “Defendant”.

A judgment on the grounds for appeal by the Defendant: (a) in the instant assembly, certain participants were engaged in driving beyond the scope of the report; and (b) destroyed L sculptures set up by J; (c) took part in the assembly; (d) removed some of the above sculptures; and (e) destroyed them by means of cutting away from the above sculptures; and (e) cutting down them by using the hack pipe, etc.

Although freedom of assembly and demonstration shall be guaranteed to the maximum extent as an essential fundamental right to a democratic state, it shall be conducted lawfully and peaceful, and it shall be in harmony with other legal interests, the defendant's liability of participating in the crime of this case in an unlawful and violent manner beyond its limit shall not be deemed to be light.

Such circumstances are disadvantageous to the defendant.

However, the Defendant seems to have participated in the assembly simply in an old age, and reported and interested the destruction of the above sculptures by other participants, thereby preventing the instant crime in a contingent manner.

When the defendant was found to have committed a crime for the first time, the defendant has been able to repent his mistake in depth.

There is no criminal record against the defendant.

Such circumstances are favorable to the defendant.

In addition, considering the Defendant’s career, character and conduct, environment, motive and background of crime, means and consequence of crime, various sentencing conditions as shown in the records and pleadings, such as the circumstances after the crime, etc., the sentence against the Defendant is too unreasonable.

Therefore, the defendant's assertion of unfair sentencing is justified.

B. Defendant B, D, E, and G in the pertinent item of the Defendant B, D, E, and G.

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