beta
(영문) 광주지방법원 2019.05.17 2018고합587

폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)등

Text

Defendant

E Imprisonment with prison labor for three years, for two years and six months, for Defendant A, B, J, and K, for two years, for each of the two years and two years, for Defendant F.

Reasons

Punishment of the crime

[Criminal Power] On August 17, 2017, Defendant A sentenced Defendant A to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint conflict) at the Seoul High Court on the grounds of violation on August 17, 2017 and completed the execution of the said sentence on May 23, 2018.

Defendant

B On June 9, 2016, the District Court sentenced three years to imprisonment for a violation of the Special Act on Prevention of Loss and Refund of Loss Caused by Telecommunications-based Financial Fraud, etc., and completed the execution of the above sentence on May 26, 2018.

Defendant

C On January 26, 2017, the Incheon District Court sentenced two years of suspension of execution to six months of imprisonment for special larceny. On July 5, 2017, the Incheon District Court sentenced two months of imprisonment with prison labor and six months of imprisonment with prison labor for the crime of injury, etc. at the Incheon District Court on February 3, 2017, which became final and conclusive on February 3, 2017, the sentence of suspension of execution was invalidated, and the execution of each of the above punishment was terminated on April 5, 2018.

Defendant

D) On November 20, 2015, the District Court sentenced two years to imprisonment with prison labor for a violation of the Special Act on Prevention of Loss and Refund of Compensation for Telecommunications-based Financial Fraud, etc. on April 22, 2016. The judgment becomes final and conclusive on June 17, 2016, which was sentenced to six months by the same court for the same crime, etc. on June 9, 2016, and the judgment becomes final and conclusive on June 17, 2016. Defendant D joined M in the first patrol on March 2015 and committed a violation of the Punishment of Violences, etc. Act (organization and activities of organizations, etc.) due to the accession to a criminal organization in the judgment of the first patrol on March 20, 2015, and was sentenced to two years of imprisonment with prison labor for the violation of the Special Act on Prevention of Loss and Refund of Compensation for Telecommunications-based Financial Fraud, etc. on April 22, 2016.

(Evidence List No. 124). Accordingly, all of the crimes against Defendant D and each of the above crimes for which judgment has become final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the judgment is concurrently rendered in accordance with Article 39(1) of the Criminal Act.