폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)
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. On February 2012, 2012, the Defendant did not go to the scene of the crime or waiting for a vehicle in order to prepare for a fighting with lives staff at the scene of the crime according to F’s instructions.
2) It is true that on July 7, 2014, the Defendant’s activities of crime groups related to retaliation against the r, S, and telephone contact with the Defendant at the scene of crime.
However, the Defendant, however, was driving a vehicle instead of the sobriated R while driving the vehicle into the scene of the crime and returning the vehicle of the Defendant, which had been lent to the S prior to that place, to the S, was returned from the S, and not from the scene of the crime to prepare for a fighting with the staff in charge of the sobriet group.
B. The punishment of the lower court (two years of imprisonment) is too heavy or unreasonable.
2. As to the assertion of mistake of facts
A. On February 2, 2012, the summary of this part of the facts charged and the judgment of the court below is as follows. The summary of this part of the facts charged is as follows. F, the leader of the E organization, after hearing the speech to the effect that “the E is subject to deception” from a person in an influence of his name in connection with the work of losing a large amount of money in the gambling place operated by the lives organization, which is a violent crime group in the city of Busan around February 2012, F, the leader of the E organization, “the E is subject to deception.” The E organization’s gathering of investigators and gathering of staff members of the E organization, and communicating them to G, to the effect that “the extension of each person by convening a live and waiting in front of the Busan Ku-gu Office,” and this part of the facts charged is as follows: G sent the E organization’s instructions of gathering and gathering according to the emergency communication system to E organization staff.
According to the above gathering area city, the defendant is comprised of the E organization G, H, I, J, K, L, etc., which is the organization of the E organization, and the lurty strike staff from the roads near Busan Jin-gu, Busan to F in accordance with F’s direction.