폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
1. Summary of grounds for appeal;
A. Fact-misunderstanding 1) The Defendant constituted a member of DP, a criminal organization, and was engaged in activities until December 2014, 2013. The date and time of each crime described in paragraphs 1 and 3 of the lower judgment, which was previously determined by the lower court, was not a member of the criminal organization.
Therefore, even if crimes Nos. 1 and 3 of the decision of the court below are recognized, the defendant was active as a criminal organization.
shall not be deemed to exist.
2) [Related to the crime No. 1-A in the holding of the court below] The defendant was taking on November 11, 2009 at a coffee shop near the bankruptcy park in the P.M. on November 11, 2009
A. The defendant only returned to his house after leaving his place, and the defendant did not participate in the emergency waiting for the "war" against the FN.
3) [Related to the crime No. 1-B of the holding of the court below] The defendant received a proposal from CF around June 2010 and did not take a bath or threat to people on the apartment sale site.
4) [Attachment to the crime No. 2 of the holding of the court below] The Defendant was at a site where ditches was set up before the FY amusement shop around March 19, 201, but did not participate in the assault against the victim FZ.
B. The punishment sentenced by the court below to the defendant (one year of imprisonment) is too heavy.
2. Determination
A. An ex officio decision-making prosecutor is an facts charged at the trial of the party.
I. 1. 1. e.m. “M was present.”
“(26 pages 1 to 16 of the trial records)” portion “M intervenes in various interest coupons on the basis of the consolation of the national month of the building, or participates in other lighting staff members as well as in other lighting staff members.”
At this time, M is a food tool from the original point of view that the researchers receive and exchange personnel while classifying them from D wave.
From now on, at all times, the order of "I Gara," and the two Os of Dmpa and each decentralization led to each of them.
BGmm's integration with BI, BHm's BJ, etc., with an intent to incorporate organization, and was working as an executive of each organization.
AZ,.