폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)등
The part of the judgment of the court of first instance and the judgment of the court of second instance as to Defendant J shall be reversed.
Defendant
AW shall be punished by imprisonment for one year.
1. The sentence imposed by the first and second depths of the grounds for appeal (two years of imprisonment, confiscation, Defendant J (one year of imprisonment, 8 months of imprisonment, 2 years of imprisonment, 1 year of imprisonment), Defendant DV: one year of imprisonment, and Defendant EV: one year of imprisonment, and one year and six months of imprisonment) is too unreasonable.
2. Determination
A. As the judgment of the court below against Defendant J was rendered, Defendant J filed an appeal against the judgment of the court below Nos. 1 and 2, and this court decided to hold concurrent hearings of each of the above appeal cases. Since each of the above appeal cases against Defendant J is concurrent crimes under the former part of Article 37 of the Criminal Act, one sentence should be imposed pursuant to Article 38(1) of the Criminal Act in the relationship of concurrent crimes under the former part of Article 37 of the Criminal Act, the part against Defendant J among the judgment of the court below Nos. 1 and 2 cannot be maintained.
B. As to Defendant AW, DV, and EV’s argument of unfair sentencing, Defendant AW, DV asserted that the aforementioned Defendants should take into account equity with the case where each of the instant crimes constitutes a single concurrent crime after Article 37 of the Criminal Act. However, in light of the language, legislative intent, etc. of the latter part of Article 37 of the Criminal Act and Article 39(1) of the Criminal Act, if a crime for which judgment has not yet become final and conclusive cannot be ruled at the same time with the crime for which judgment has already become final and conclusive, it is reasonable to interpret that the latter part of Article 37 of the Criminal Act cannot establish concurrent crimes, and that the sentence may not be mitigated or exempted by taking into account equity and equity (see Supreme Court Decision 2012Do9295, Sept. 27, 2012).
1) Defendant AW Defendant again commits a crime of violation of the Punishment of Violences, etc. Act (organization and activities of organizations, etc.) in a criminal trial proceeding again during the instant special injury, special assault, violation of the Punishment of Violences, etc. Act (joint attack) and violation of the Punishment of Violences, etc. Act (joint confinement) and coercion.