폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)등
The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment with prison labor for one year.
Defendant of the Prosecutor.
1. The lower court dismissed the prosecution against Defendant C on the ground that the victim had withdrawn his wish to punish the victim, among the facts charged in the instant case against Defendant C.
In this regard, since the prosecutor did not appeal against the dismissal part of the above indictment, the dismissal part of the indictment was separated and confirmed as it is, and excluded from the scope of the adjudication of this court.
2. Summary of grounds for appeal;
A. The punishment sentenced by the court below to Defendant A (two years of imprisonment) is too unreasonable.
B. It is unreasonable that the prosecutor's court below sentenced Defendant B, C, D, E, F, G, H, and I (2 years of imprisonment, 4 years of probation, 160 hours of community service, 2 years of probation, 3 years of probation, 160 hours of community service, 160 hours of probation, 1 year and six months of probation, 2 years of probation, 80 hours of community service, 1 year and six months of probation, 2 years of probation, 80 hours of probation, 1 year of probation, 2 years of probation, 80 hours of community service, 1 year of probation, 2 months of probation, 10 months of probation, 2 years of probation, and 80 hours of community service) are too unafford.
3. The Defendants’ crime is related to the organization of violent crimes, such as joining a criminal organization and its members’ activities, assault and bodily injury, damage to property, and expulsion of and injury to members who wish to withdraw from the organization in the course of dispute with other criminal organizations.
The crime related to a violent crime organization is highly likely to threaten our society's legal order and cause serious damage to many ordinary citizens due to its violence or collective nature, so it is highly likely to cause social harm and criticism.
In the instant crime committed by the Defendants, the harm and injury as a crime related to such violent crime organizations is common. In light of this, the Defendants’ individual grounds for sentencing and the propriety of the lower court’s sentencing should be examined.
A. Defendant A subscribed to AP, a violent criminal organization.