폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for a term of one year and eight months.
1. Summary of grounds for appeal;
A. The Defendant (as to the case of Jeonju District Court 2018 High Court 2018 High Court 8), the sentence of the lower court (one year and six months) is too unreasonable.
B. The lower court’s each prosecutor’s sentence is too uneasible and unreasonable.
2. Before determining the grounds for appeal against the judgment below by the defendant and prosecutor ex officio, each case of the judgment of the court below was consolidated in the appellate court, and each crime of the judgment of the court below against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and a single punishment should be sentenced in accordance with Article 38 of the Criminal Act. Thus, the judgment of the court below cannot be maintained any more.
3. The judgment of the court below is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant and the prosecutor, and the judgment below is reversed in entirety and it is decided as follows through pleadings.
[Grounds for the new judgment] Criminal facts and the summary of evidence against the defendant recognized by the court is identical to each corresponding column of each judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Selection of each sentence of imprisonment with prison labor for the remainder of the crimes except for the crimes in violation of the Punishment of Violences, etc. Act (hereinafter referred to as "joint violence by organizations, etc."), Articles 4 (1) 3 (a) and 4 (2) 2 and 2 (2) 1 of the Act on the Punishment of Violences, Etc., Article 260 (1) of the Criminal Act (the point of joint violence by organizations, etc.), Article 366 of the Criminal Act, Article 314 (1) of the Criminal Act (the point of interference with business), Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act (the point of exercising the aforementioned investigation document), and Article 4 (1) 2 of the Punishment of Violences, etc. Act (the point of exercising the aforementioned investigation document)
1. Article 37 (former part of Article 37, Article 38 (1) 2 and Article 50 (the most severe punishment) of the Criminal Code for the aggravation of concurrent crimes.