폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)
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. The court below erred in the misapprehension of legal principles as to mitigation of punishment, which did not consider it as the grounds for mitigation of punishment.
B. The lower court’s sentence (one year and six months of imprisonment) is too unreasonable.
2. Determination:
A. As to the assertion of misapprehension of the legal doctrine, the Defendant voluntarily surrendered.
Even if the court voluntarily surrenders the self-denunciation, it is merely a mere fact that the court can voluntarily reduce the punishment, and the court below did not reduce the self-denunciation.
or failure to render a judgment on the allegation to reduce self-denunciation;
Therefore, it cannot be deemed unlawful (see Supreme Court Decision 2011Do12041, Dec. 22, 2011). In this case, it cannot be deemed that the court below erred by failing to consider the number of the defendant who was merely the reason for voluntary mitigation of punishment as the reason for voluntary mitigation of punishment, which affected the conclusion of the judgment. Thus, the defendant's above assertion is without merit.
B. The instant crime on the assertion of unfair sentencing is a voluntary admission of the Defendant to C for a violent crime purpose, and the social risk is high in light of the violent nature or group of the criminal organization, and the nature of the crime is serious, and the Defendant committed the instant crime without being aware of it during the period of repeated crime. In light of the fact that the Defendant’s participation in the instant crime without being aware of it, a strict punishment against the Defendant is necessary.
However, the fact that the defendant voluntarily appeared at an investigative agency to recognize the crime and reflects the mistake in depth, that there is no record of punishment for the same kind of crime or the crime of violence, that the defendant did not have the power or exercise direct violence by directly participating in the violence crime, and that the defendant withdraws from the criminal organization in the future and lives as a sound member of society, etc. are considered as favorable circumstances for the defendant.
Defendant. Other defendant.