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The judgment of the court below is reversed.
Defendant
A shall be punished by a fine of 2,00,000 won, and by a fine of 1,00,000 won.
Reasons
1. Summary of grounds for appeal;
A. The court below found Defendant B guilty of all the facts charged of this case, although Defendant B did not have conspired with A, but did not follow A’s instructions, and forced to occupy the E-Management Office (hereinafter “the Management Office of this case”) to have had no intention to deprive him of possessory right. The court below erred in the misapprehension of facts, which affected the conclusion of the judgment.
B. Each sentence (Defendant A: a fine of KRW 3 million, Defendant B: a fine of KRW 1 million) declared by the lower court is too unreasonable.
2. Determination
A. According to the statements made by Defendant B at the court of first instance ex officio before determining the grounds for appeal by Defendant B (Defendant B). Defendant B was sentenced to eight months of imprisonment for an injury at the Busan District Court’s branch on February 8, 2018 and the judgment became final and conclusive on July 20, 2018. As such, the crime of injury for which judgment became final and the crime of this case are concurrent crimes by the latter part of Article 37 of the Criminal Act, and the punishment for each of the crimes of this case is set at concurrent crimes under Article 39(1) of the Criminal Act, taking into account the case and equity, so in this regard, the part of the judgment of the court below against Defendant B cannot be maintained.
B. Of the judgment of the court below regarding Defendant B’s assertion of mistake of facts, the above Defendant’s assertion of mistake of facts is still subject to the judgment of this court, and this is examined.
In the case of co-offenders who are engaged in a crime by more than two persons, the conspiracy does not require any legal penalty, but is only a combination of two or more persons to realize a crime by co-processing a crime, and there was no process of the whole conspiracy.
Even if there are two or more persons, they will do so in order or impliedly.