폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
1. Summary of grounds for appeal;
A. Fact-misunderstanding (Article 2 of the facts stated in the judgment of the court below) The defendant committed an assault or injury to the victims by finding Z and meals in a restaurant near the instant club (former K clubs), and by stopping a taxi with security personnel at the same place, and sending it back to the scene by stopping H, as shown in the facts charged, there was no exaggeration on the charge that he did not desire the victims about the surrounding areas or interfere with others, and that he did not commit an assault or injury jointly with H, etc.
The judgment of the court below which found the defendant guilty on this part of the facts charged is erroneous.
B. The punishment sentenced by the lower court (two years of imprisonment) is too unreasonable.
2. Determination (as to the assertion of mistake of facts)
A. On November 7, 2012, H called the summary of this part of the facts charged (including the activities of violent crime groups, joint injury, and joint assault) E’s executive organization, H called the “J club (former K clubs; hereinafter “instant club”) grouping in the future” by phoneing to P, etc. constituting the same organization, and P sent the said H’s collective instructions to E members by using an emergency contact system.
Pursuant to the above gathering place at around 01:40 on the same day, the Defendant collected together with T, U, V, and W at the entrance of the above club and conducted a road personnel service on 90 roads, etc. The Defendant puts the victim’s O, etc. into breach of trust for organized violence, and H puts the victim’s h, etc. on the hythal hythal, because it was impossible for the victim, etc. to do so.
The sound to the effect that it is “Chewing franchising,” T scams the victim X (48 years of age) manager of the foregoing club that meets it by hand, and H re-scam the victim X’s scam with her hand, and U scams the victim’s scam with her hand when she takes once, and she scams the victim X’s scam with her scam, and she scam over the victim X’s scam, and T.