2. On the one hand, the court below held that ① the Defendant’s performance of damages to the victims of the crime of violation of the Punishment of Violences, etc. Act (joint injury) and agreed, ② the Defendant committed the above crime in a contingent manner at the end of a minor vision under the influence of alcohol, and the victims first attempted to do so, ③ all of the crimes are recognized, and the Defendant’s activities are in depth and reflects his mistake, ④ the activities of the criminal organization participating in the crime committed in comparison with those of the members of other criminal organizations prosecuted together (the activities of the indicted Defendant’s criminal organization are only one case) are favorable sentencing factors for the Defendant.

On the other hand, the following facts are: ① the Defendant was sentenced to a punishment of violence, etc. even before the instant case; the Defendant had been sentenced to punishment for the past without a license, but again committed the instant crime; ② during the period of parole, the Defendant was admitted to a criminal organization during the period of parole and did not be subject to criminal punishment, such as joining the criminal organization during the period of repeated crime; ③ the fact that the Defendant’s head is made several times with plastic winners at the time of committing the crime of violation of the Punishment of Violences, etc. Act (joint injury) and the fact that it is not good that the crime is committed in relation to the applicable

여기에 피고인의 연령, 성행, 환경, 범행의 동기와 경위, 수단과 결과, 범행 후의 정황, 대법원 양형위원회의 양형기준에 따른 권고형량의 범위 ▣ 폭력행위등처벌에관한법률위반(단체등의구성활동)죄 및 도로교통법위반(무면허운전)죄에 대하여는 양형기준이 설정되어 있지 아니하므로 각 폭력행위등처벌에관한법률위반(공동상해)죄에 양형기준을 적용한 권고형의 하한만 고려함 ▣ 법률상 처단형의 하한 : 징역 1년 법정형의 하한은 징역 2년이나...