(b) Special assault;

Housing Ansan-si

Reference domicile Jincheon-gun District

2. (a) B. B. (in the case of 88 years old, South) and in the case of non-existence.

Housing Ansan-si

Yongsan-gu Seoul basic domicile

【Criminal Power】

Defendant ① was sentenced on October 1, 2015 to 10 months from imprisonment with prison labor for fraud, etc. at the Ansan Branch of Suwon District Court on May 28, 2016, and the judgment became final and conclusive on May 28, 2016)

Defendant B was sentenced on January 13, 2012 to imprisonment with labor for a violation of the Electronic Financial Transactions Act at the Goyang Branch of the District Court on May 8, 2013 and completed the execution of the sentence on May 2013.

[Formation and continuation of the ○○○○, a violent crime organization]

Around 1986, ○○○○○ ○○○○○○○○, ○○○, ○○○, ○○○○, ○○○○, ○○○○, and ○○○○○, etc., in an upcoming-si-si-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si, with the same number of day-to-day in Ansan-si-si-si-dong-si-si-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-child-child-child-child-related-child-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related].

Therefore, ○○○○○ provides funds from the hinterland to the head of the above two sub-sectors in charge of the improvement of the members of the violent organizations, and ○○○○ is the head of the wharf, who actually leads the members of the organization in accordance with the order of Park○○○○, ○○○, ○○○○, and ○○○, etc., shall, under the instructions of his superior, set the division of duties as an executive officer of the behavioral group who leads the members of the organization in actual situations, leads the members of the organization to take charge of the activities in order of age, and shall also establish the order of deceptive measures among the members of the organization, such as operating expenses, by having the members of the organization take charge of the activities of the organization, such as the protection of entertainment establishments or the head of the business division, and by having the organization take charge of the activities of the organization and the head of the organization and the head of the organization take charge of the organization, and by having the organization and the head of the organization take place more than 5th of the organization and operation.

Since then, around 2009, ○○○ was able to operate the illegal amusement room in the military area and accumulated enormous financial resources, and ○○○○○○○○○○ was able to substantially take charge of supporting the members of violent organizations in front of the region, ○○○○○, the primary 2nd 2nd ○○, the second 2nd ○○, the second 2nd ○○, the second 2nd 2nd 1st 2nd 1st 2nd 2nd 2nd 2nd 1st 200, the second 2nd 1st 2nd 1st 200, the second 2nd 1st 200, the second 2nd 1st 2nd 2nd 2nd 2nd 2nd 2nd 2nd 2nd 3nd 3st 201, and the said 2nd 1st 2nd 2nd 2nd 2nd 3nd 3nd 2011.

[Criminal Facts]

1. Violation of the Punishment of Violences, etc. Act by the Defendants (the composition and activities of an organization, etc.);

(a) relating to Defendant B’s accession to a criminal organization

Defendant B was aware on September 2014 that Ayang○○○○○ was an organization composed of several crimes under the Act on the Punishment, etc. of Serious Force, etc. in Anyang-si located in Anyang-si and sent his will to the head of the next assistant staff ○○, etc., and joined the organization as a acting member by providing personnel service to the first assistant staff.

B. As to the Defendants’ activities of the criminal organization

On March 3, 2016, 2016, 23: (a) around 00, at the trade name infinite-ro 27-gil-ro 18, Gangnam-gu, Seoul and at an infinite entertainment establishment run by himself/herself, he/she issued an instruction to gather the disturbance to the Mad Kim○○ (190 students) (2) and to gather the disturbance to the Madin of the Daegu-gu area, when there is a dispute over the disturbance.

Accordingly, the Kim○○○○ (190), Han○○ (190), Kim○ (10 years old), Lee○○ (90 years old), Lee ○○○ (90 years old), Lee ○○ (90 years old), Lee O (90 years old), Lee ○○ (91 years old), Kim ○ (91 year old), Defendant 1 (1), Lee ○○ (96 years old), and Kim ○ (98 years old), and Kim ○ (98 years old) operated their own vehicles, waiting for the direction of worship by gathering together around the above 3rd hotel around the business place in around 00.

같은 날 03 : 00경 업소 외부 노상에서 김○○ , 김○○ ( 84년생 ) 와 성명불상의 대구지 역 출신 조직폭력배 3 ~ 4명 사이에 말다툼이 있은 후 김○○이 성명불상의 대구지역 조 직폭력배 한 명을 주먹으로 1회 때리며 " 다 뛰어와 . " 라며 소리를 지르자 지시를 기다리 던 이○○를 포함한 10여 명이 김○○이 있는 곳으로 달려갔고 , 김○○이 " 죽여 " 라고 하자 이○○ 등 여러 명이 대구지역 폭력조직 조직원을 발로 밟고 걷어찼으며 , 김○○ 으로부터 그만하고 차에 가 있으라는 지시를 받고서야 차량이 있는 곳으로 되돌아가 승차한 뒤 대기하였다 .

In addition, while the vehicle boarding ○○○ (94years), Kim○○ (95 years old), Kim○○ (96 years olds, 95 years olds and motives), and the vehicle boarding ○○○ (96 years olds and motives), arrived at the site at the latest and were waiting together, they were waiting to go together. They issued the direction from Kim○-ro to ○○○, which was coming up with the inside and going up with the direction of “I am under the direction of “I am on the inside and outside,” and then, the ○○ issued the direction that I am up to the “Tuk-gu Park” located in the Gyeyang-dong-dong at the time when I am.

On the same day 05: 00, Lee ○○, which had arrived at the above "Tuk Park", around 00, was flick Kim○○, Kim○○○, Defendant 1, Kim○○, Kim○○, Kim○○○, Lee○○, Lee○○, Lee ○○, and Kim○○, who had been living in her house, does not have a flick, anywhere to have been living in her house, and is going in her flick and going through a flick, such as hero fl, and we do so. Because it may be gathered again, we are well received from the phone.

Then, the emergency call was maintained, i.e., at the time of emergency call, and all were returned home.

On the same day, at around 06: Around 00, Lee ○○ and Kim ○○ had a situation where the vegetations in the Daegu-gu area come to the inside of the walking from a man on his name-free line, and this is the same as the shock tunnel. "Around 00, an instruction was given to the next steering staff in the order according to the order of order, and an instruction was given to the next steering staff in the order of order, and an order was given to the next steering staff in the order." Defendant B, including this ○○○, Kim ○ (eight-year birth), Kim○ (89 birth), ○○, ○○○, ○○○, ○○○, ○○, ○○, ○○, Kim ○, ○○, ○○, Kim Jong, ○, ○○, ○○, ○○○, and ○○○, etc., was called the so-called 1st century and the so-called ○○, ○○, etc.’s atmosphere.

Accordingly, the Defendants, in collusion with Kim○-○, ○○, ○○, ○○, ○○, ○○, ○○○, ○○○, ○○○, Kim○-○, Kim○, ○○, ○○, ○○○, ○○, Kim○-○, ○○, Kim○, ○○, ○○, and ○○○, acting as a member of a criminal organization for the purpose of maintaining and strengthening the inside ○○○○○○, by actively responding to the rapid call-up for an emergency call-up for continuing and maintaining the organization and preparing for violence among the organizations.

2. Individual assault ① by Defendant 1 (Special Violence at ○○○ Residence in the middle of May 2016)

Defendant ① and U.S., ○○○, and ○○○○, on May 1, 2016, around 00: 19:0, in the middle of May 19, 2016, the victim Kim○○ (22 years old) did not know about the face of the ship, including Kim○, within the inner city of Ansanyang-si, and caused the injured person to look at the two hand on the floor of the ship and to write off the bar gate, which is a dangerous object, on five occasions, using the string (one string).

As a result, Defendant 1 (hereinafter referred to as “Defendant”) committed violence against the victim, carrying dangerous objects in collusion with ○○○ and ○○○○.

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

(a) Defendant 1: Article 4(1)3 of the Punishment of Violences, etc. Act and Article 30 of the Criminal Act

Article 261, Article 260(1), and Article 30(1) of the Criminal Act (Aggravated Punishment of Specific Violence)

Hargue Selection)

(b) Defendant B B: Article 4(1)3 of the Punishment of Violences, etc. Act.

Article 30 of the Criminal Code in the case of entry and activities, and in the case of crimes of criminal organizations, the addition, inclusive, of the Criminal Code

1. Aggravation for repeated crimes;

Defendant B: Article 35 and proviso of Article 42 of the Criminal Code

1. Handling concurrent crimes;

Defendant ①: the latter part of Article 37 of the Criminal Act and Article 39(1) of the Criminal Act

1. Aggravation for concurrent crimes;

Defendant ①: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act / [the heavier punishment]

Long-term punishment for two crimes prescribed in the Act on the Punishment, etc. of Forced Acts (Composition and Activities of Organizations, etc.)

to the extent that the aggregate amount of concurrent crimes is added]

1. Discretionary mitigation;

Defendant B: Articles 53 and 55(1)3(3) of the Criminal Act

Reasons for sentencing

1. Scope of recommended sentences according to the sentencing criteria;

(a) Defendant 1: ①

The sentencing criteria are not set for the crime of violation of the Punishment of Violences, etc. Act (the composition and activities of organizations, etc.). The sentencing criteria are not applied because the special assault crime is committed in the context of concurrent crimes under the latter part of Article 37 of the Criminal Act, since the final judgment becomes final and conclusive, and the concurrent crimes under the latter part

(b) Defendant B B.

The crime of violation of the Punishment of Violences, etc. Act (the composition and activities of organizations, etc.) was not set the sentencing criteria.

2. Determination of sentence;

A. Reasons for common sentencing

A violent crime organization is highly likely to habitually and professionally engage in violent crimes, and the method or result of a crime may have a negative impact on society due to scarcity, intelligence, large scale, etc. due to the action of heavy hearings, and thus, in itself, it is highly dangerous as well as in itself, and when committing violent crimes based on the organizational status, it is necessary to directly and indirectly inflict serious damage on the good citizens and to eradicate them in terms of creating a sound social apprehension. The following individual circumstances of the Defendants and other circumstances, including the Defendants’ age, character and conduct, environment, means and method of the crime, motive and circumstance of the crime, and the situation that are the conditions for the punishment as shown in the instant records and the trial process, including the fact that the crime was committed, shall be determined as ordered by taking into account all the various circumstances that form the conditions for the punishment as indicated in the trial process.

B. Reasons for individual sentencing

1) Defendant 1 ①

○ Unfavorable Circumstances: (a) the Defendant joined Anyang ○○○ in around 2009 and was sentenced to imprisonment for a violation of the Punishment of Violences, etc. Act (Composition and Activities of Organizations, etc.); and (b) was sentenced on October 1, 2015 due to the crime of aiding and abetting Fraud, etc.; and (c) immediately after the detention was revoked and released on March 12, 2016, the Defendant assaulted the members of the subordinate organization while being tried; and (d) committed the instant crime involving violence with other criminal organizations.

The circumstances favorable to ○: The fact that the defendant is against the confession of all crimes, the fact that the victim of special violence who is a subordinate organization of the defendant does not want the punishment of the defendant, the fact that the defendant's judgment should be considered at the same time as the crime of aiding and abetting fraud, etc. which is established in the judgment of the court, shall be considered as favorable circumstances.

2) Defendant B B B

○ Unfavorable Normals: The Defendant, who is a similar criminal organization in the past, was engaged in an activity that is an employee of the Anyang ○○○ New Franchisp, and was sentenced to the hulls of suspended sentence due to a violation of the Punishment of Violences, etc. Act (Composition and Activities of Organizations, etc.). Nevertheless, the Defendant committed a crime that took part in the period of repeated crime due to the crime of violating the Electronic Financial Transactions Act, and committed violence with other criminal organizations.

The favorable circumstances for ○○: A favorable circumstance should be considered to include the fact that the Defendant led to the confession of the crime, that the parent is one of the first school students who supported alone, and that he is engaged in his occupation, such as daily work, etc.

Judges Jeon Soo-soo

Judges Senior Jin-jin

Gab) A person who was sentenced to six months of imprisonment for a crime (hereinafter referred to as "crime") and two years of suspended execution (No. 209DaDa1686, April 28, 2010)

(2) On December 8, 201, the Seoul High Court violated the Punishment of Violences, etc. Act (limited to the violation of the Punishment of Violences, etc. Act at Seoul High Court on December 8, 2011

A person who was sentenced to one year of imprisonment with labor for a crime, etc. (hereinafter referred to as "crimes") (hereinafter referred to as "crimes") (No. 2011No2839) and on February 3, 2012, the above judgment was rendered.

After this final judgment, April 5, 2013, the execution of the sentence was completed. However, the investigation report submitted by the prosecutor on May 30, 2018.

According to the prosecutorial investigation protocol (12, 276 pages of evidence record) with respect to the defendant â……), according to the probation period for the defendantâ……………, during the period of suspension of execution of a crime

(2) The suspended execution of a crime has become invalidated due to the sentence on the crime. (2) After the execution of the crime (one year of imprisonment) (1) the sentence on the crime.

The execution is made up of six months of imprisonment, and the execution is finally terminated on April 5, 2013. However, the defendant's letter appears to have been completed.

(1) ① Application for review with respect to a crime, and on March 22, 2016, for a suspended sentence of six months and two years for a suspended sentence.

On August 20, 2016, (2016 Inventory 1) the judgment became final and conclusive on August 20, 2016. Ultimately, due to the final and conclusive judgment on a crime (i) the final and conclusive judgment on a retrial.

Since a final and conclusive judgment has lost its effect, each of the crimes in this case ① by the defendant, as the final and conclusive judgment has become null and void.

It cannot be deemed that the execution was completed within three years after the completion of the execution (see Supreme Court Decision 2017Do4019 decided September 21, 2017), whoever is:

It does not constitute an aggravated cause. On the other hand, ① the enforcement of the above crime is excluded, ② the enforcement of the crime is made on October 2012.

(2) Each of the crimes in this case under the presumption that the termination of April 5, 2013 (6 months prior to the end of April 5, 2013) is presumed to have occurred.

The execution of a repeated crime is completed within three years from around October 2012, and it can not be a reason for aggravation of repeated crimes.

B. On the other hand, each of the crimes in this case ① by Defendant’s book ① is committed before the new judgment on the crime becomes final and conclusive, but the above crimes are committed before it becomes final and conclusive.

(1) Separate from the criminal record for the crime, (2) The above crime is committed. (2) The crime is committed before the judgment on the crime becomes final.

As such, the above crime and each of the crimes of this case are crimes that cannot be judged at the same time. Accordingly, each of the crimes of this case

A concurrent offense relationship under the latter part of Article 37 of the Criminal Act between an offense and (1) cannot be established (Supreme Court Decision 2014Do354 Decided March 27, 2014)

469 see Supreme Court Decision 469

2) The facts charged according to the facts charged in accordance with the facts found in the Suwon District Court Decision 2017Kahap110 rendered on December 1, 2017, concerning GOO, etc.

The facts constituting a crime are partially revised and recognized.