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(영문) 서울동부지방법원 2016.06.16 2016노336
폭력행위등처벌에관한법률위반(집단ㆍ흉기등주거침입)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court convicted the Defendants by misunderstanding the facts, even though there was no intention to intrude a structure, no act of damaging a structure was conducted without carrying any deadly weapons, and the conspiracy of damage was not recognized, on the grounds that the lower court found the Defendants guilty.

B. Each sentence of the lower court’s unfair sentencing (2 years of suspended sentence in August, 200, Defendant H, and I: 8 months of imprisonment) against the Defendants is too unreasonable.

2. Determination

A. In the lower court’s determination as to the assertion of mistake of facts, the Defendants asserted the same content as the grounds for appeal, and the lower court, based on the evidence at that time, by examining the circumstances before and after the instant crime, had the Defendants committed an intentional intrusion on the structure, and had the Defendants controlled the entire crime as well as the functional act.

As such, the defendants can sufficiently recognize the fact that the defendants conspired with other daily behaviors and carried dangerous objects through the threat of multiple force and intruded into funeral ceremony and damaged property.

In light of the records, the above judgment of the court below is just and acceptable. Thus, the defendants' assertion of mistake of facts is without merit.

B. The defendants' individual action is not limited to the defendants' act of execution because they received daily allowances and participated in the crime of this case. However, since the crime of this case is difficult to enforce due to lawful procedures, a large number of persons exceeding 180 persons takes hospital during late night hours, which is a serious criminal whose foundation of our legal order is shakings off (a special crime of intrusion upon residence among the crimes of this case is stipulated in the statutory punishment) and all of the defendants have the ability to punish by violence.

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