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(영문) 광주지방법원 2017.11.22 2017노3078

범죄단체가입등

Text

The judgment below

The part against Defendant A, C, E, H, I, and J shall be reversed.

Defendant

A, H, I, and J shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing against the Defendants A, B, C, D, E, F, H, I, J, and K is too unreasonable.

B. The lower court’s sentencing against the Defendants by the prosecutor is too uncomfortable.

2. Determination

A. Considering the fact that Defendant A, C, E, H, I, and J’s nature of the instant crime is very poor, and the Defendants played a relatively important role in the instant criminal act, strict punishment against the Defendants is necessary.

However, Defendant A, H, I, and J made an agreement or deposit part of the amount of damage with some victims in the original trial, and made an additional agreement with some other victims in the original trial. Defendant C, E did not have any same criminal record, Defendant C was the first offender and Defendant E did not have any criminal record other than a fine once. Defendant H, I, and J did not have criminal record other than a juvenile protective disposition, taking into account the Defendants’ age, sex and environment, motive, means, consequence, and consequence of the crime, etc., and other conditions of sentencing specified in the argument of the instant case, such as the circumstances after the crime, etc., the lower court’s punishment is too too unreasonable, and the Prosecutor’s above assertion is reasonable and without merit.

B. Considering the fact that Defendant B, D, F, and K’s nature of the instant crime is very poor, and the Defendants played a relatively important role in the criminal act of Bosing, strict punishment against the Defendants is necessary.

However, the court below should take into account the following factors: (a) the Defendants’ mistake is often divided in depth; (b) Defendant K is a first offense with no criminal history; and (c) Defendant B, D, and F has no criminal record; and (d) the Defendants’ age, sex and environment; (b) motive, means, and consequence of the crime; and (c) the conditions of sentencing specified in the instant pleadings, such as the circumstances after the crime.