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Defendant
All appeals filed by E and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant E (1) misunderstanding of facts or misunderstanding of legal principles, the Defendant did not have any intention to obstruct traffic, and did not directly commit any act that may cause traffic obstruction. When the Defendant participated in an assembly, it is after traffic was controlled by the police, so there is no causation between Defendant’s act and traffic obstruction.
(2) The illegality of the Defendant’s act constitutes a justifiable act as stipulated in Article 20 of the Criminal Act in order to protect the citizens’ health rights and realize democracy.
(2) The sentence imposed by the lower court on the grounds of unreasonable sentencing (700,000 won of fine) is too unreasonable.
B. The Prosecutor (Defendant A and G)’s sentence (a fine of KRW 700,00,000,000,000,000,000,000,000,00
2. Determination on the assertion of mistake of facts or misapprehension of legal principles by Defendant E (1) where two or more persons are jointly processed for a crime, the conspiracy does not require any legal punishment, but is a combination of intent to realize a crime through the joint processing of a crime by two or more persons. Although it comes to a combination of intent by mutual consent from several persons, even if it comes to an implicitly, the conspiracy relation is established if a part of the conspiracy is not carried out by direct sharing of the elements, and even if it comes to a case where a part of the conspiracy is not carried out by direct sharing of part of the elements of a crime, if it is acknowledged that a functional control exists through an essential contribution to a crime rather than a simple conspiracy, but rather a functional control exists through an essential contribution to the crime, it shall be held liable as a joint principal offense against the other conspiracy
(See Supreme Court Decision 2007Do803 delivered on April 26, 2007). According to the evidence duly adopted and examined by the court below, the court below opposed to the full import of U.S. beef in the Seoul square on the day of this case.