범죄단체가입등
All appeals filed by the defendant and prosecutor are dismissed.
The defendant shall obtain money from the applicant for compensation 16,00,000 won.
1. Summary of grounds for appeal;
A. The punishment of the court below (two years and six months of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Determination
A. Compared to the first instance court’s determination on the assertion of unfair sentencing by both parties, there is no change in the conditions of sentencing, and where the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). There is no particular change in the conditions of sentencing compared to the lower court’s judgment, and when comprehensively considering the factors of sentencing revealed in the proceedings of the instant case, it does not seem that the lower court’s sentencing is too heavy or unfe
B. In accordance with Article 25 of the Regulations on Criminal Procedure, the phrase “application of statutes” of the original decision ex officio shall be corrected as follows:
【Application of Statutes】
1. Article 114 of the relevant Act on the Punishment of Criminal Crimes; Article 347(1) of the Criminal Act (see Supreme Court Decision 2015Do7081, Sept. 10, 2015; 2015Do7081, Sept. 10, 2015); Articles 347(1) and 30 of each Criminal Act (Fraud)
1. Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Articles 208Do1857, May 29, 2008; Supreme Court Decisions 2017Do8600, October 26, 2017; Supreme Court Decision 2017Do209, May 19, 2017; Supreme Court Decision 2017No209, May 19, 2017; Supreme Court Decision 2017Do8600, May 26, 2017; Supreme Court Decision 2017Do209, May 19, 2017; Supreme Court Decision 114 of the Criminal Act provides that the crime of joining or joining a criminal organization shall be punished for the purpose specified in the crime;
1. Selection of imprisonment with prison labor chosen;
1. Of concurrent crimes, Supreme Court Decision 2005Do114 Decided April 14, 2005 see the former part of Article 37 and Articles 38(1)2 and 50 of the Criminal Act
3. The appeal filed by the Defendant and the prosecutor in conclusion is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.