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(영문) 부산지방법원 2014.09.19 2014노1796
폭력행위등처벌에관한법률위반(공동주거침입)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence of a fine of two million won imposed by the court below to the defendant is too heavy or unhued.

2. As to the assertion of unfair sentencing between the parties to the judgment, each of the instant crimes committed by the Defendant, on a planned and organized basis with multiple accomplices, intrudes into the Youngdo Shipbuilding of the victimized company, and interferes with the victimized company’s business by installing a tent with the 20th anniversary of the body installed, thereby interfering with the victimized company’s business by farming for 20 days. This does not apply to the case where the victimized company suffered enormous damages.

However, it appears that the Defendant did not lead each of the crimes of this case; the victim company expressed its intention not to punish accomplices including the Defendant during the investigation process; there was no record of criminal punishment other than the fine three times; since from November 2012 to August 19, 2014, it appears that the Defendant was suffering from economic difficulties due to his long-term temporary retirement from the time of his/her reinstatement to the time of his/her reinstatement; the degree of equity between other accomplices should be taken into account when determining the Defendant’s punishment; and other various circumstances, including the Defendant’s age, environment, occupation, family relationship, circumstances leading to each of the crimes of this case, and circumstances before and after the crime, etc., are considered as a whole, and thus, the sentence of the lower court is unreasonable.

Therefore, the defendant's argument is reasonable and the prosecutor's argument is without merit.

3. In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

(2) Although the appeal by the prosecutor is without merit, the appeal by the defendant is accepted, and thus the judgment of the court below is reversed, it is not ordered to dismiss the appeal in the Disposition. The summary of the facts constituting the crime and the evidence is the summary of the evidence.

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