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(영문) 울산지방법원 2020.05.14 2020노83

범죄단체가입등

Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendants’ punishment is too heavy.

B. Each sentence of the lower court by the prosecutor is too minor.

2. There is no change in the sentencing conditions after the judgment of the court below was rendered.

In full view of all the circumstances described in the reasoning of sentencing and all other conditions of sentencing indicated in the record, the sentence imposed by the court below against the Defendants is determined within the scope of the court’s sentencing discretion, and it cannot be deemed that the sentence is too heavy or less severe to the extent that it cannot avoid reversal.

3. Conclusion, both the Defendants and the Prosecutor’s appeal shall be dismissed, and the 7th page 13 through 17 of the part of the judgment below’s application pursuant to Article 25 of the Regulation on Criminal Procedure shall be applied ex officio as follows.

1. Relevant legal provisions pertaining to criminal facts A: Articles 114 and 347(1)(generally control) of the Criminal Act; Articles 114 and 347(1)(generally control) of the Criminal Act; Articles 347(1) and 30 of the Criminal Act; Articles 352, 347(1) and 30 of the Criminal Act; Articles 352, 347(1) and 30 of the Criminal Act;

1. Defendant B of the ordinary concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of each sentence of imprisonment;

1. Defendant B among concurrent crimes: "former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act";