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(영문) 부산고등법원 2016.07.13 2016노225

폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court’s sentence against the Defendant (one year of imprisonment) is too unreasonable.

B. The sentence imposed by the lower court on the Defendant by the Prosecutor is too unhued and unreasonable.

2. The following are the circumstances favorable to the Defendant: (a) the Defendant recognized the instant crime and closely reflects the Defendant’s participation in the instant crime; and (b) the extent of the Defendant’s participation in the

On the other hand, a crime that is planned and organized by a criminal organization or group is much more serious than a crime that is personally committed, and in light of its risk, it is necessary to strictly punish regardless of whether the general public actually and specifically damaged the crime, and the fact that the defendant has been punished several times as a violent crime is disadvantageous to the defendant.

When comprehensively taking into account the following circumstances and other conditions of sentencing, such as equity in the punishment against accomplices, age, career, sex, environment, motive and background of the crime, means and method of the crime, and the consequences of the crime, etc., the court below’s sentence against the defendant is too heavy or is so unfased that the discretion of sentencing has been exceeded, in light of the following circumstances:

It does not appear.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.