폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)
The judgment below
Of them, the part against Defendant A shall be reversed.
Defendant
A shall be punished by imprisonment with prison labor for a year and six months.
. Prosecutors;
1. Summary of grounds for appeal;
A. Defendant A (1) 1-2 of the judgment of the court below as to mistake of facts
B. (3) In the case of the crime of port crime (hereinafter “XM incident”), the Defendant provided the cause for the said collective action, but the Defendant was unilaterally faced by the Xmmm, such as Z and was hospitalized in the hospital before the house, and was hospitalized in the hospital after having unilaterally been faced by the Zmm, etc., and thereafter, the Defendant did not take part in the act at a systematic level, and there was no fact that the Defendant participated in the collective action.
Nevertheless, the court below which found the defendant guilty of this part of the facts charged erred by mistake.
2) The sentence of the lower court’s unfair sentencing (two years of imprisonment) is too unreasonable.
B. The lower court’s sentence against the Defendants (in its sentencing against both the Defendants) (in 2 years of imprisonment, Defendant A, Defendant B, and C: 3 years of suspended sentence in 2 years of imprisonment) is too uneased and unreasonable.
2. Determination
A. According to the evidence adopted and examined by the lower court as to Defendant A’s assertion of mistake, the following facts are acknowledged.
The defendant was held in the name of female-friendly Gu as stated in the facts charged.
Y Around November 3, 2016, in the process of offering a car as security and borrowing money from the Z which is an organization of X strike and returning a car offered as security, Z and Sif, and talked directly in the vicinity of the “AE SD” located in the Nam-gu Incheon Metropolitan Government, which is operated by the Defendant.
After Z and Z, the Defendant determined that it does not fit for direct dialogue with Z, and in order to prepare for violence cases in which the Z and M, the Defendant contacted M, which is the cause of the subsequent distribution, between 000 to 04:00 on November 3, 2016, and the O and N arrive in the said AE venue and were waiting in the vicinity, upon receiving the Defendant’s instructions.
In this regard, Xm. is aimed at retaliationing the defendant after the Z promises to meet with the defendant.