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(영문) 춘천지방법원 강릉지원 2014.12.30 2014노500
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for three years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and six months of imprisonment, three years of suspended execution, three years of probation, community service, 160 hours of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The judgment of the defendant committed each of the crimes of this case again even though the defendant had been punished for the same crime several times, and the defendant committed each of the crimes of this case by force by mobilization of union members, etc., obstructing the victims' work by force, intrusion upon the office of the victims, and destroying property. In light of the frequency of the crimes and the risk of the means of the crimes, the degree of damage from each of the crimes is considerable, and the nature and circumstances of the crimes are not good, etc., which are disadvantageous to the defendant.

On the other hand, there are extenuating circumstances, such as the fact that the defendant led to a crime during the course of collective negotiations for working conditions, that most victims agreed to commit a crime, that there is no criminal force above punishment, that is binding upon each of the crimes of this case, and that there is a family member to support.

Considering the above various circumstances, comprehensively taking into account the Defendant’s age, character and conduct, motive for the instant crime, means and consequence of the instant crime, and the circumstances after the crime, the lower court’s punishment is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 2(2) and Article 2(1)1 of the Punishment of Violences, etc. Act, and Article 319 of the Criminal Act concerning the crime;

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