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(영문) 서울고등법원 2016.01.14 2015노2867

폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Five injections (No. 2) that have been seized.

Reasons

Reasons for appeal

A. Defendant: In light of the fact that: (a) the Defendant, who was found to have committed a crime in the course of sentencing, led to the death of the Defendant; (b) the Defendant committed a confession of all crimes; and (c) the Defendant’s punishment (one year and six months of imprisonment and confiscation, etc.) is too unreasonable.

Defendant

The reason for appeal presented by the principal also argued misunderstanding of the legal principles, but this argument was withdrawn at the first trial date of the first trial, and only the unfair argument for sentencing was maintained.

B. Prosecutor: In light of the fact that a crime related to an illegal violent organization in sentencing is highly likely to be socially dangerous due to its collective nature and collective nature, the period during which the Defendant handled narcotics, etc., and the attitude after the crime was committed is bad, the sentence imposed by the lower court is too unreasonable.

2. The Defendant, a criminal organization, was a member of C, and committed a crime such as purchase and medication of phiphones, and smoking of marijuana.

Crimes by violence organizations are highly likely to cause serious social risks and serious damage to good citizens and to create apprehensions.

Narcotics-related crimes are also highly harmful to society due to toxicity, etc. and are highly likely to harm the health of the people.

In this respect, it is inevitable to severely punish the defendant.

However, the degree of the defendant's participation in violent acts related to criminal organizations is relatively relatively somewhat weak, and the defendant currently withdraws from Cmp and does not seem to not engage in activities.

Smoking in marijuana has been completed once, and there is no discovery of the circumstances such as the mere purchase and medication of phiphones, and the distribution of them to society.

The Defendant did not have the record of crimes related to narcotics, and denied part of the first crime related to narcotics, but in the past, he recognized all of his crimes and seriously reflects them.

The defendant is cutting down with his mother who is not in a good health condition and has maintained the race of his father.