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(영문) 서울중앙지방법원 2020.01.16 2019노3521

범죄단체가입방조등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment) by the lower court is too unreasonable.

2. The determination of the Defendant’s act of supplying a third party (F) who did not have had the intent to commit a crime together with D to the organization of the singing criminal act causes any harm to a new illegal act by inducing a third party to commit a singinging crime, and the fact that the nature of the crime is not very good, such as the act of continuously maintaining and expanding the organization of the singing criminal act, and that the substantial damage caused by the singing criminal by a third party is disadvantageous.

However, in light of the fact that a person who received direct instructions from the organization of Bosing criminal acts was D, and the defendant introduced F known to him at the request of D, and that D was directly engaged in F and transferred to China the organization of Bosing criminal acts, the degree of participation is more minor than D, F's departure speed and renewal after departure, but the F did not gain any benefit therefrom, it is more favorable that the court below's sentence imposed on the defendant is too inappropriate in light of all the sentencing conditions such as the defendant's age, character and behavior, environment, and the circumstances and degree of the crime of this case.

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment below. Thus, it is acceptable in accordance with Article 369

Application of Statutes

1. As a whole, Articles 114, 347(1), 352, 30, and 32 of the Criminal Act (which refers to assistance in joining a criminal organization and assistance in the activities of a criminal organization) of the Criminal Act, Articles 347(1), 30, and 32 of the Criminal Act, Articles 352, 347(1), 30 of the Criminal Act, and Articles 347(1), and 30 of the Criminal Act;