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The judgment below
The part of the defendant AS and AT shall be reversed.
Defendant
AS and AT shall be punished by a fine of KRW 2,00,000.
Reasons
1. The summary of the grounds for appeal (public prosecutor): The sentence of the court below (the defendant A and C: one year and six months of imprisonment, two years of probation, defendant H, N, P, S, Y, Z, AF, AK, and Q: each fine of 5 million won, defendant I, J, J, P,O, R, U, X, AD, AD, AP: each fine of 3 million won, defendant Q, ABR, ABR, AS, AS, 2 years of suspended sentence, defendant V, and W: imprisonment of 8 months, 2 years of suspended sentence, and 1 million won) are deemed unfair.
2. Determination
A. According to the records of ex officio determination on Defendant AS and ATS, Defendant AS was sentenced to one year and four months of imprisonment with prison labor, suspension of execution, etc. on February 10, 2012 at the Seocheon Branch of the Daejeon District Court, and two years of suspension of execution. The appeal and final appeal by the Defendant and the Prosecutor were dismissed, respectively, and the judgment became final and conclusive on June 26, 2014. Defendant AT was sentenced to one year of imprisonment with prison labor, two years of suspension of execution, and two years of suspension of execution, respectively, and the appeal by the Defendant and the Prosecutor and the Defendant were dismissed on June 12, 2014. Accordingly, the crime for which the judgment became final and conclusive and the crime of interference with business of each of this case were concurrent crimes under the latter part of Article 37 of the Criminal Act, and the judgment of the court below against the Defendant AT became final and conclusive after consideration of equity or exemption of punishment pursuant to Article 39(1) of the Criminal Act.
B. Although Defendant A, C, and V’s judgment on Defendant A, C, and V were to be considered in the motive leading to the instant crime, the act of committing a violation of the positive law without emphasizing only the legitimacy of the purpose pursued by himself/herself is beyond the bounds of the rights guaranteed by the Constitution and the law in a democratic state, and thus, cannot be used. Defendant A, and C, who were arrested by G according to lawful procedures, are resisted and prevented entry.