폭력행위등처벌에관한법률위반(집단ㆍ흉기등공갈)등
Of the guilty portion of the judgment of the court below, the part concerning the damage of special property (the crime No. 1-A) and the acquitted part.
1. Summary of grounds for appeal;
A. Defendant 1) The Defendant did not have participated in the crime by either publicly recruiting with F, etc. or informing W of the information about the victim H by misunderstanding the facts and misapprehending the legal doctrine.
B) Since the Defendant did not exercise the power of a criminal organization called Em wave, a special coercion cannot be applied to the Defendant.
C) The Defendant was merely introducing AO a non-nameless sponsor, and did not have been involved in the crime of fraud, such as fraud and computer.
2) The sentence sentenced by the lower court to the Defendant (six months of imprisonment and five years of imprisonment) is too unreasonable.
B. Prosecutor 1) In regard to the violation of the Punishment of Violences, etc. Act (Composition of Organizations, etc.), the Defendant joined the Emb and joined the Emb as an “executive officer” and joined the said membership as a general organization rather than a “family executive officer.”
As seen below, the statute of limitations for this part of the crime was not limited, since the crime of special conflict and special injury was committed as a member of Emba, and thus, the statute of limitations for the crime was not limited.
B) In full view of the relationship between the Defendant and EmpF, the role of the Defendant’s performance in the Emp leader, the circumstances in which F et al. took the vehicle out from the injured party, the victim’s statement, etc. as to the special attack, the fact that the Defendant conspired with F et al. to commit a special attack is recognized.
C) As to the special injury, the Defendant, at F’s direction, identified the location of the victim through AD, etc., informed the FO of the location of the victim, and was waiting with other assistant staff in the vicinity of the crime scene, and thus, it is recognized that the Defendant committed a special injury in collusion with F, etc.
2) The sentence sentenced by the lower court to the Defendant is too unhued and unreasonable.
2. Determination:
A. Ex officio determination on the damage of special property.