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(영문) 서울고등법원 2013.05.30 2013노454

폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of imprisonment (one year of imprisonment) imposed by the lower court is too unreasonable.

B. A prosecutor (1) misunderstanding of facts or misunderstanding of legal principles discussed measures in order to prevent the expansion of investigation into the whole of the twit-gu twit-gu twit-gu twit-gu twit-gu twitdm in relation to the “D Hospital funeral home case” as an adviser, a wharf twit-gu twit-gu twitdm, and the Defendant ordered some assistant officials to attend the police and make a false statement. This is an active act for the continuation and maintenance of a criminal organization, which is an organization of crime.

(2) The sentence imposed by the court below on unreasonable sentencing is too uneasible and unfair.

2. Determination

가. 검사의 사실오인 또는 법리오해 주장에 대한 판단 (1) 당심에서 변경된 공소사실의 요지(행위 태양과 정황 등을 추가하여 기존의 공소사실을 보다 구체화한 것에 불과함) ㈎ 폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동) 피고인은 범죄단체 간석식구파의 수괴이다.

Defendant

In order to prevent the investigation from being completed at an appropriate line by the investigative agency in relation to the murder attempted murder and collective arrest cases of the employees of the livering malphalphalphism staff at the funeral hall of the D Hospital, I and J, etc., who are the organization of the malphalphalphalpha executives, discussed countermeasures such as communicating with the other violent organization M and N, and communicating with the other violent organization M and N during the period from October 22, 201 to October 24, 201, in order to prevent the investigation from being expanded throughout the malphalphalphalphalphalphal and collective arrest cases.

On October 23, 201, the Defendant, I, and J, etc. are gathered in the P office operated by I located in the Nam-gu Incheon Metropolitan CityO on October 16, 201, and Q, a police officer of the Incheonnam Police Station, Q, S, etc. are now voluntarily surrenders, and they again voluntarily surrenders to E and several persons on the new wall.