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(영문) 대전고등법원 (청주) 2020.05.14 2019노285

폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)등

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Of the judgment of the first instance, the part on Defendant A and the judgment of the second instance and the judgment of the first instance against Defendant H.

Reasons

1. Summary of grounds for appeal;

A. Defendants A) 1) misunderstanding of facts (as to the crime of violation of the Punishment of Violences, etc. Act (the composition and activity of an organization, etc.) as indicated in the judgment of the court below), and according to the statement by each court of the court below in Q and AG, the defendant's Uion is not " around July 2018" but " around January 2015" as stated in this part of the facts charged. However, the court below found the defendant guilty of this part of the facts charged, which affected the conclusion of the judgment.

B) Each sentence of the lower court’s first and second sentence (i.e., imprisonment of four years and six months, and (ii) imprisonment of the second instance court: imprisonment of eight months) on the Defendant Q Q Defendant is too unreasonable. (ii) The first sentence of the lower court against Defendant Q Defendant (one year of imprisonment with prison labor of two years and a fine of two million won, confiscation, and additional collection of KRW 4 million) is too unreasonable.

3) The first and the third punishment of the lower court against Defendant H Defendant 1 (i) 3 years of imprisonment with prison labor for the crime of special robbery as stated in the lower court’s holding; (ii) two years and six months of imprisonment with prison labor for the remaining crimes; and (iii) eight months of imprisonment for the third instance court) is too unreasonable. (iv) The first sentence (three years of imprisonment with prison labor) of the lower court against Defendant S is too unreasonable.

B. Each sentence of the first instance court on Defendant Q and R (two years of suspended sentence in August) against the Prosecutor’s Defendant Q and R is too uneased and unreasonable.

2. Determination

A. As to the judgment of the court below in the first and second instances, Defendant H filed each appeal against the judgment of the court below in the first and third instances, and this court held that each of the above appeals was consolidated and examined.

However, since the crimes of Articles 1 and 2 of the judgment of the court of first instance against Defendant A, and the crimes of the court of first instance against Defendant H, other than the crimes of quasi-special robbery as indicated in the judgment of the court of first instance, are concurrent crimes under the former part of Article 37 of the Criminal Act, one sentence shall be imposed pursuant to Article 38(1) of the Criminal Act, and thus, each of the above crimes among the judgment of the court of

(b).