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(영문) 광주고등법원 (전주) 2013.04.05 2013노35

폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the reasons for appeal is that the original court’s punishment (one year and six months of imprisonment, three years of suspended execution, and 80 hours of service) is too unhued and unreasonable;

2. The crime of this case is committed against North Korea, which is a police officer, in the middle of January 2010. The criminal organization’s participation in the crime of this case is highly likely to commit various crimes including violence based on the grouped force, and if the risk is realized, it cannot be deemed that the quality of the crime of participating in such criminal organization cannot be easily viewed, that the defendant directly joined the criminal organization, that the defendant joined the criminal organization, and that the defendant was punished by a fine not exceeding ten times of the suspended sentence of ten years due to special larceny, fraud, etc. on November 30, 209. In light of the above, the defendant’s criminal liability cannot be readily deemed to have been imposed.

However, considering the following circumstances: (a) the Defendant appears to have committed the instant crime while making a confession; (b) the Defendant did not seem to have participated in the said criminal act; (c) the Defendant appears to have withdrawn from the said criminal organization; and (d) there was no record related to the act of violence after the Defendant became adult; and (c) the Defendant’s age, character, conduct, intelligence and environment; (d) the motive, means and consequence of the instant crime; and (e) the circumstances after the commission of the instant crime, etc., the sentence imposed by the lower court is too unjustifiable and unreasonable.

The prosecutor's assertion of unfair sentencing is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.