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All appeals by the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendants of mistake of facts merely told the Defendant to avoid a disturbance attached to the other customers, and did not interfere with the victim’s main business in collaboration with D.
B. The first instance judgment on the unfair sentencing (a fine of KRW 1.5 million) is too unreasonable.
2. Determination
A. Comprehensively taking account of the evidence duly adopted and examined by the first instance court as to the assertion of mistake of facts, the fact that the Defendants jointly with D, as shown in the judgment of the first instance, were able to sufficiently recognize that they obstructed the victim’s main business by avoiding disturbance, such as bringing the victim’s humiliation to the large interest in the bar operated by the victim, etc.
The Defendants’ assertion of mistake is without merit.
B. In full view of the details and contents of the instant crime, the Defendants’ age, character and conduct, environment, criminal record and circumstances after the crime, etc., as to the allegation of unfair sentencing, the first instance judgment’s punishment is too excessive and unreasonable.
The Defendants’ assertion of unfair sentencing is without merit.
3. As such, the Defendants’ appeal is without merit and all of the appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.