beta
(영문) 부산고등법원 2016.12.21 2016노410

폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court’s sentence (the first instance judgment: one year of imprisonment; the second instance judgment: ten months of imprisonment) is too unreasonable.

B. The sentence of the lower court’s second sentence is too unhued and unreasonable.

2. As to the judgment of the court of first instance, the defendant and the prosecutor filed each appeal against the judgment of the court of second instance, and the court of second instance decided to concurrently examine the above appeal cases. However, each of the offenses in the judgment of the court of first instance is in the concurrent relation between the crime of violation of the Punishment of Violences, etc. Act (a violation of the Punishment of Violences, etc. Act) which became final and conclusive on August 21, 2014, and the crime of violation of the latter part of Article 37 of the Criminal Act, and the crime of violation of the latter part of Article 37 of the Criminal Act, regardless of the consolidated examination

As to the Defendant’s assertion of unfair sentencing against the judgment of the court below of first instance, there are extenuating circumstances favorable to the Defendant, such as the fact that the Defendant recognized the instant crime, and recognized the Defendant’s criminal act, the Defendant’s activities or degree of activity as a member of the criminal organization cannot be deemed to be excessive, the equity with the case where the Defendant was tried with the final and conclusive crime, and the Defendant’s mother wanted to have well look at the Defendant, and thus, the Defendant’s mother wanted to take the Defendant’s wife against the Defendant. However, on the other hand, inasmuch as a violent crime organization commits violent crimes based on the organizational status, it may directly and indirectly inflict serious damage on not only the victim of the relevant crime, but also a good citizen, the membership of the violent crime organization is bad in itself, the Defendant was acting as a member of the criminal organization by waiting in preparation for fighting with other criminal organization after joining the criminal organization, and there was a history of punishment for several violent crimes against the Defendant.