The judgment below

Among them, the violation of the Punishment of Violence, etc. Act (joint injury) against Defendant A and C, and June 15, 2014.

1. Based on the judgment of conviction of the Defendants in entirety of the instant facts charged, the lower court sentenced Defendant A to the punishment of one year of imprisonment and two years of suspended execution, ten months of imprisonment, and two years of suspended execution, respectively, and ordered the Defendants to provide probation and community service for 200 hours, respectively, and appealed on the grounds of misapprehending the legal principles and unreasonable sentencing.

On the other hand, prior to the remanding of the case, the first instance court convicted Defendant A and C of violation of the Punishment of Violences, etc. (joint injury), violation of the Assembly and Demonstration Act on June 5, 2014, violation of the Assembly and Demonstration Act on June 5, 2014, and acquitted Defendant B, among the facts charged in this case, violation of the Punishment of Violences, etc. (damage to Joint Property) against Defendant A and C, and violation of the Assembly and Demonstration Act on June 5, 2014, and sentenced Defendant A and C to a fine of KRW 3,00,000,000, respectively.

The Defendants did not appeal, and only the Prosecutor appealed against the acquittal portion of the judgment of the party before remand. The Supreme Court reversed the acquittal portion of the judgment of the party before remand and remanded it to this court.

Therefore, the conviction portion of the judgment of the party prior to remand is finalized as is by the failure of both Defendant A, C and the Prosecutor to file an appeal within the period of appeal, and the scope of the judgment prior to remand is limited to the acquittal portion of the judgment prior to remand.

2. Each sentence of the lower court against the Defendants in the summary of the grounds for appeal is too unreasonable.

3. The judgment of ex officio as to Defendant A and C is examined, and since the conviction part against Defendant A and C in the judgment of the court prior to remand was already separated and confirmed, this court shall re-determine the sentence for the part which became the object of the judgment of this court after remand. In this respect, it shall be remanded before remand.