Text
The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for six months.
except that this judgment.
Reasons
1. Summary of grounds for appeal;
A. Regarding the part of acquittal of facts in the judgment of the court below, this part of the crime was committed without following the procedure prescribed by the law by the defendant, and it was destroyed by the entrance door, etc. owned by G Co., Ltd. which was the victim and entered a casino, and thus, it cannot be deemed that there was the victim company's constructive consent to the above destruction. However, the court below acquitted the defendant of the facts charged in this case. The court below erred
B. In light of the overall sentencing conditions of the instant sentencing case, the lower court’s imprisonment (six months of imprisonment, two years of suspended execution, and probation) is too uneasy and unreasonable.
2. Judgment on misconception of facts and misapprehension of legal principles
A. The summary of the facts charged in this part of the facts charged is that G Co., Ltd. has the right to operate “I hotel” and “J casino” on the second floor of the hotel in Jeju, and L and M were appointed as a representative director at a temporary general meeting of shareholders held on the third floor of the building in the Gangnam-gu Seoul Metropolitan Government, Seoul as of August 8, 201, and C was also elected as an officer, but N, etc. who actually operated the said company did not recognize it but did not transfer the right to operate I hotel and the said casino and prevented the entry of newly appointed executive officers by mobilization of service personnel.
C suggested the service contract to P with mind to enter the above casino, etc., and promised B and A to pay KRW 200,000 per day, and asked A to mobilize the number of persons to the above hotel on August 10, 201.
B, directly or in succession to Q, R, S, T, U,V, W, X et al. to enter the above hotel and let other people enter the hotel. A contact with Y and let other people enter the hotel as the above hotel. The defendant called the above hotel to dispatch service staff to AB, AC, AD, AE, AE, AF, AG, AH, AI, AJ, AK, AL, and AM using the first flight machine on August 10, 201.
Therefore, around 10:20 on August 10, 201.