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All appeals by the Defendants are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The court below found Defendant B guilty of the facts charged of this case on the ground that Defendant B did not conspired or participate in the crime of this case, and Defendant C only arrived at the site of the case after the commission of the crime of this case. The court below erred by misunderstanding the facts charged of this case and thereby affecting the conclusion
B. The lower court’s sentence (three million won per fine) imposed on the Defendants is too unreasonable.
2. Determination
A. 1) In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the Defendants conspired with and jointly with the employees of A and A’s and under-named security enterprises (hereinafter “instant hospital”).
) It is recognized that the victims who have the right of retention had been induced and injured (whether the victims are the legitimate lien holder of the building of this case, or whether the victims had been permanently stationed in the building of this case and thus the building of this case was awarded an unfair amount, etc. do not affect the establishment of the crime of this case.
(A) The victims stated from the investigative agency to the court of the court below that they considered A and Defendant B at the scene of the instant crime, and, in particular, the victim H and K directed the other persons along with the Defendant B at the time, and they resisted the above Defendant who was aware of them at the time, but the said Defendant stated relatively and concretely the above Defendant’s speech and behavior at the time of “Sae Ba Ba Ba”.
나 피해자 G은 수사기관에서 원심 법정에 이르기까지 '이 사건 당시 병원 현관 앞에서 잠을 자던 중 사람들이 몰려오는 소리를 듣고 잠에서 깼는데, 그 사람들이 문을 열라며 언성을 높이다가 도끼를 이용하여 현관문 옆의 작은 유리창을 깨고 안으로 들어왔으며, 자신은 도끼 등 부분으로...