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All appeals filed by the prosecutor against the Defendants are dismissed.
Reasons
The gist of the reasons for appeal by the prosecutor is that the punishment of the court below (the fine of KRW 300,000, the fine of KRW 500,000, the fine of KRW 300,000, the defendant D: the suspended sentence, and the suspended fine of KRW 500,00) is too uneasy and unreasonable.
The Defendants participated in meetings in the position of the president of university students, etc., and the attitude of the investigative agency is not good. However, the Defendants, university students, thought that there is no effective way to present their opinions and urge the ways to realize the anti-value registration fee issues, which are very important issues, and thus, the Defendants’ motive to commit the instant crime. The Defendants appear to have not exercised violence in the course of the assembly, and the Defendants’ perception of the commission of the instant crime is against the mistake. Defendant D is the primary offender. In light of the method of the instant crime, the background of the crime, the circumstances after the crime, the Defendants’ age and character, and occupation, etc., the punishment of the lower court is too unjustifiable, and thus, the Prosecutor’s assertion is without merit.
Therefore, the appeal by the prosecutor against the defendants is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.