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(영문) 부산지방법원 2014.08.14 2014노1794
폭력행위등처벌에관한법률위반(공동주거침입)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal by the court below is too unhued and unreasonable;

2. In view of the fact that the Defendant had been punished several times for a similar type of crime, and that the Defendant instigated the intrusion of the participants in the assembly as the Cmine Vice-Chairperson, the quality of the instant crime cannot be deemed to be somewhat less.

However, in full view of the records and the results of the trial in this case, the defendant was a member of the negotiating delegation at the time, and was entitled to enter into E through normal methods and routes, but the court below's punishment seems to be appropriate in full view of the background and background of the crime in this case, including the fact that a reasonable compromise between labor and management is derived from the interest and effort of all levels of society after this case, and the fact that E is operating normally, and there is no change of circumstances that may be considered in the sentencing after the sentence of the court below, and the fact that there is no change of circumstances that can be considered in the sentencing, the defendant's status, and other various circumstances that are conditions for the sentencing in this case.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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