(a) Violation of the Punishment of Violences, etc. Act (Organization and activity of an organization, etc.);

(b) Violation of the Punishment of Violences, etc. Act;

(c) An special injury;

(d) Special serious injury;

(e) Special assault;

(f) Injury;

(g) Violation of the Punishment of Violences, etc. Act;

(h) Damage to property;

(i) Obstruction;

2. (a) . (c) d. f. g. B

3. (a) (c) d. E. C.

4. (a) (c) d. D.

5. (a) b. (c) d. E

6.(a)(c) F

7. (a) (c) d. G

8. (a) (c) d. E. H.

9.(a)(c) I

Attorney Song-gil et al.

Attorney Jeong Woo-soo (the national election for the defendant B, C, and D)

Attorney Kim Jin-be (the national election for Defendant E and G)

Attorney Park Do-young (for the defendant F)

Attorney Kim Han-sung (Defendant H and I)

However, the execution of each of the above penalties shall be suspended for two years for Defendant A, F, and I, and for Defendant H for three years from the date this judgment became final and conclusive.

Defendant H and I shall order each community service for 120 hours.

To order the defendant F to be put on probation.

"2018 Highly248" and "2014 Highly258"

【Criminal Records】

On February 14, 2012, Defendant D was sentenced to four years of imprisonment by the Gwangju High Court for the crime of bodily injury, etc., and the execution of the above sentence was terminated on April 9, 2015.

【Criminal Facts】

1. Violation of the Punishment of Violences, etc. Act (Organization and activity of an organization, etc.) due to joining a criminal organization;

On December 198, JP decided to expand the organization and set up against the opposite violent organization by integrating ‘Mmpha', which is a violent crime group of L2 and ‘Ompha', which is a violent crime group of N2, which is led by N2, in order to have the business rights over the G hotel age clubs, which was scheduled to start the business at the time of Gwangju Dong-gu, Gwangju.

JP is equipped with a common system that consists of 60 persons, such as P, L, Q, R, and S, as the executives at the stage of action, Y, T, U,V, Z, AB, AC, AD, AE, AE, AE, AF, AG, and AH as the executives at the stage of action; 1, 2, 1, 1, 1, 2, 1, 1, the head office of the AI Bank, AJ building, and the former AK hotel in the region; 2, 1, 1, 1, 1, 1, 1, 2, 1, 1, 1, 3, 3, 3, 90, 90, 90, 90, and 1,000, and 3,000,000,000).

A. Defendant A

The defendant knew that he was an organization consisting of several crimes provided for in the Punishment of Violences, etc. Act, the defendant joined the organization ship AO on March 2006 and left the 'Jmmm' due to the dispute with the organization ship around 2010, and then joined the 'ALmmmm' after being solicited by the staff of the 'ALmmmmmmmm' around the end of 2010, but left the organization for about three months since he did not fit the organization and mind.

On the 2013, the defendant re-entered the "JP" as a means of responding to the 'JP' which is an organized ship of "JP" from the AP in the Standing District located in the Seo-gu, Seo-gu, Seogyeong-gu, Gwangju, in order to harm the organization's life again.

B. Defendant B, Defendant C, and Defendant D

The Defendants, despite being aware of the fact that 'J wave' was an organization composed of several crimes provided for in the Punishment of Violences, etc. Act, were admitted to 'J wave' by introducing 'JP' AR in the 'OOO' in the North-gu Seoul Northern-gu, Gwangju, through the introduction of 'JP' in 'JP' in 'JP', and then joined 'J wave' as a way of joining 'A' or 'A' in 'JP'.

C. Defendant F

The defendant knew that he was an organization consisting of several crimes provided for in the Punishment of Violences, etc. Act, and expressed on February 2018, 2018 that 'Jmp' 'Jmp' 'Wmp' 'Wn' 'Wning to move to the 'Wmp' E by telephone, but 'I want to move to the 'Wmp' 'Wmp' 'I want to move to the 'Wmp' 'I want to move to the 'Wmp' and 'Wmp' once again.

After passing through E, the Defendant told that he wanted to subscribe to the ship, but called “the phone is permitted,” and called “the phone is called.” The AT Sports Center in the Gwangju Mine-gu is called as “the AT Sports Center E”, and the Defendant joined “Jpha” as a means of providing personnel service to the above ship, who is a part of “Jpha” organization A, B, C, and D with the introduction of “E”.

D. Defendant E

(1) As above, the Defendant was aware of the fact that 'J wave' was an organization composed of several crimes provided for in the Punishment of Violences, etc. Act, and was subscribed to 'J wave' by acquiring a proposal to harm the lives of the organization from AR, a group of 'J wave', which is a group of 'J wave', in the name of the head of the Ho-gu Ga-gu AV University located in Chungcheongnam-gu, Gwangju, without knowing the trade name near the AV University located in Chungcheongnam-gu, 2015.

(2) In order to assist F in joining the “Jm” as above, the Defendant assisted F to join the “Jm” by facilitating the commission of the crime by having F clearly express his intention to subscribe, and deliver F’s intention to subscribe to the organization, and allowing F to take personnel actions by having the organization dispatch and call the organization.

E. Defendant H, I

The Defendants, despite being aware of the fact that “JP” was an organization composed of several crimes provided for in the Punishment of Violences, etc. Act, were admitted to “JP” as a way of joining “JP E” or “JP” in the cafeteria of 17 January 1018, 2018.

F. Defendant G

The Defendant, as above, was aware of the fact that he was an organization consisting of several crimes provided for in the Punishment of Violences, etc. Act, and was admitted to Jmpha by taking personnel participation in H and I as well as in H and I at the coffee shop where it is impossible to find out the trade name in the Suwon Mine-gu, Gwangju.

2. Defendant B, C, D, E, F, G, H, and I’s special serious injury, etc. 1)

A. Status and relationship between the Defendants and the relevant persons

The Defendants are the members of the 'Jmp' as a violent crime group, and are the following three times in order of Defendant C (1986 birth), Defendant B (1987 birth), Defendant D (1987 birth), Defendant E (1988 birth), Defendant F (198 birth), Defendant G (192 birth), Defendant H (192 birth) and Defendant I (192 birth).

AY(31) of the victim, AZ(31) of the victim, and BA(31) of the victim are friendlys, and the victim BB(25 years old) is the Y of the above victim.

(b) Criminal facts;

On April 30, 2018, at around 06:23, Defendant D was placed in front of the ○○○ Hospital located in the Gwangju Mine-gu, Gwangju, due to the problem of the victim’s AZ and taxi riding, and the face of the above victim was faced with the head, and the head and chest of the victim was knenee, knee, and knenee. Defendant E was able to take the face of the above victim by drinking, and Defendant C was able to walk the face and body of the above victim by walking the face and body of the victim several times. Defendant C, Defendant D, Defendant C, and Defendant E were to look back with the head and body body of the above victim that goes beyond the growth of the victim due to Japan.

위와 같이 피해자 AZ이 폭행당하는 것을 본 피해자 AY가 이를 제지하기 위해 피고인 C의 머리를 잡아당기자, 피고인 B, 피고인 C, 피고인 G은 일제히 주먹과 발로 피해자 AY의 얼굴과 몸통을 수회 때리고 걷어찼다.

계속하여 피고인 D은 도망가는 피해자 AZ을 쫓아가 주먹과 발로 그의 얼굴을 수회 때리고 걷어차고, 옆에서 이를 제지하는 피해자 BB의 머리를 주먹으로 수회 때리고, 피고인 E은 이에 가세하여 주먹으로 피해자 AZ의 얼굴을 수회 때리고, 피고인 H은 발로 피해자 AZ의 몸통을 2회 걷어차고, 피고인 G은 발과 무릎으로 피해자 AZ의 얼굴을 수회 걷어찼다.

As above, there is a defect that the victim AZ and the victim AY were assaulted, and that the victim BA tried to restrain it, the defendant H her face was sealed by both descendants, and the victim BA faces her face once by being pushed by hand. The defendant G 2 times in drinking, the victim BA's face is 2 times in drinking, the defendant D her drinking in combination with it, and the defendant B her drinking to the victim BA, as in drinking to the victim BA, the defendant B her drinking, and the defendant E her escapeed from the victim B.

The defendant B, the defendant C, and the defendant E immediately walked the victim AY on the side of the above ○○ Hospital road, and the defendant C and the defendant E walked the head and body of the victim AY in a number of times due to drinking and growth. The defendant B saw the victim AY's neck by selling, cut off the victim AY's strings of the dangerous articles, put the victim AY's right eye on the part of the G G, and 2 times the head of the victim AY's Y, who is in the main place outside the fence of the chemical team, was drinking outside of the chemical team.

On the other hand, Defendant D tried to go beyond the fence of the above chemical group to assault the victim AY, but the victim BB expressed that "I am out of the victim's face" to be "I am out of the victim's face." In drinking, the victim B was exposed to the victim's face on the road while walking the female's bridge on the road, and the face was set up once.

After that, Defendant B, Defendant E, and Defendant G have exceeded the upper Y’s body in the foregoing chemical zone, and they are flashed and walked to the face and body body of the victim due to drinking and growth. Defendant B collected stones (28 cm, 24 cm, 15 cm in thickness, 9.94 cm in weight) that are dangerous objects in the body, and flapsed to the head of the victim’s body, and she was flapsed to the head of the victim’s body, and she was flapsed to the front Y’s body, and she was flapsed to the outside of the victim’s body, and she was flapsed to the victim’s face, she was 24 cm, 13 cm, 11 cm, 42 km and she was flapsed to the victim’s face, she was flad to the victim’s body, and she was Y from the victim’s body outside the victim.

Despite the fact that police officers who received a report at around 06:32 on the same day arrive in front of the ○○ Hospital, Defendant D does not walk or walk up the victim AY which was actually used in the chemical team at several times. Defendant E, Defendant C, Defendant B, and Defendant D have the head and body body of the victim due to drinking and growth. Defendant B instructed Defendant F and I to remove the victim’s escape, and Defendant F and I leave the victim’s escape without the victim’s escape. Defendant F and I leave the victim’s Z without the victim’s escape. In doing so, Defendant C expressed that “I Z will die......., she will she will die,” and “I Z,” and “I Z will die the victim’s Z by taking the victim’s catfe at the time when I Z,” and “I Z will die the victim’s Z by taking the victim’s catfe and pat the victim’s catch with the victim’s patch.”

As a result, Defendant B, Defendant C, Defendant D, Defendant E, Defendant G, and Defendant H showed multiple force, and Defendant B committed an injury to the victim AY by carrying dangerous things, and caused the victim AY to have the victim AY in the real name of the ewal ewal ewal ewal ewal ewal ewal ewal ewal ewal ewal ewal ewal ewal ewal ewal ewal ewal ewal ewal ewal ewal ewal ewal ewal ewal ewal ewal ewal ewal ewal ewal e

"2018 Gohap257"

3. Defendant B’s injury

A. On April 9, 2016, the Defendant, at the main point of “BE” located in Gwangju Northern-gu BD, caused the victim to go back to the above main point of the victim while drinking alcohol together with the victim BF (the age of 32), and caused the victim to go back to the above main point of the victim, on the ground that the victim said the victim said the victim as “the victim’s drinking alcohol.” On the other hand, the Defendant got off the victim’s face from the main point of “BE” and suffered injury, such as the victim’s catage cathering back to the floor, which requires approximately six weeks of treatment.

B. At around 03:00 on November 22, 2016, the Defendant: (a) took a bath of the victim’s head in front of the △△ officetel, a residence of the victim BH (n, 26 years of age) in Seo-gu, Seo-gu, Seo-gu, Gwangju, for the reason that the victim returned home for drinking and drinking with male; (b) took a bath of the victim’s head; (c) making the victim’s head head head head head head head head head head head head head head ; and (d) cutting down the victim’s head knife; and (d) made the victim’s body with the victim’s head knife and head knife; and (e) continuously making the victim’s face and head knife one time, taking about about two weeks the victim’s head knife without any open body for treatment.

4. Violation of the Punishment of Violences, etc. Act (joint violence) and special injury by Defendant B;

A. On May 5, 2016, at around 05:15, the Defendant: (a) called “BJ” in the 'BJ' Dol-gu BI-gu, Gwangju; (b) called the victim BK (26 years of age) who drinks together with D and sponsed the victim’s face; and (c) called D with D and sponsed the victim’s face, etc. at a time when D and spons the victim’s face.

Accordingly, the defendant assaulted the victim jointly with D.

B. On May 5, 2016, at around 05:16, the Defendant assaulted the Victim BK as described in the above 4-A(a), and sealed the victim, and entered a room near the main room as described in the above 4-A(a) and sent the victim several times to the victim by drinking, and, on the ground of the main disease, which is a dangerous object at that place, the Defendant sold the head of the victim and inflicted an injury on the victim, such as an open upper part of the double wall that requires approximately two weeks of medical treatment.

5. Defendant B’s damage to property

A. On November 20, 2016, around 02:30 on November 20, 2016, the Defendant destroyed the Victim BH’s residence in Seo-gu, Seo-gu, Gwangju △△△△****** on the ground that the victim alcoholic beverages, which is approximately KRW 30,00 won of the market price.

B. On November 201, 2016, the Defendant destroyed property worth KRW 3 million in total, on the ground that the above victim BH does not drink with other males at the place indicated in the above paragraph (a) on the ground that the said victim BH does not return home, by drinking alcohol with other males, such as string of clothes owned by the victim, flading, string of string, string, softing, windows string, and string of string, and cutting off the part of the glass of the entrance with the main food.

"2018 Gohap287"

6. Defendant C’s obstruction of another’s exercise of rights

【Criminal Records】

On January 23, 2009, Defendant C sentenced each of three years and six years and six months to imprisonment with prison labor for special robbery in the Hongsung Branch of the Daejeon District Court on July 17, 2012, and completed the execution of each of the above punishment on July 17, 2012.

【Criminal Facts】

On July 18, 2013, Defendant C borrowed 13,80,000 won from the victim BMF Co., Ltd. to purchase BL SP car in the vicinity of the Gwangju Macheon-dong, Seo-gu, Gwangju, and set up a mortgage on the said car as security around July 22, 2013, by borrowing 13,80,000 won from the victim BMF Co., Ltd. to raise the purchase price.

around September 2013, Defendant C borrowed approximately KRW 1.5 million from a person who was unaware of his name in the vicinity of the Seo-gu, Seo-gu, Seo-gu, Gwangju, and delivered the said car as security.

As a result, Defendant C concealed his own property, which is the object of the victim's right, and obstructed the victim's exercise of right.

Summary of Evidence

"2018 Gohap248, 258"

1. Each legal statement of the defendant A, B, C, D, E, F, and G;

1. Defendant H and I’s respective legal statements

1. Each police suspect interrogation protocol of the AY, Z, and BA;

1. Each police statement concerning BB;

1. Protocols of seizure and list of seizures (No. 183, No. 184);

1. Each injury diagnosis certificate (No. 75, 99, 175 No. 175);

1. Each investigation report (including photographs and documents attached thereto, Nos. 56, 83, 87, 93, 175, 191 of the evidence list);

1. Notification of the result of appraisal (No. 210 No. 50);

1. Previous convictions indicated in the judgment: Criminal records (D) and investigation reports (including attached documents No. 139, No. 139);

"2018 Gohap257"

1. Defendant B’s legal statement

1. Each police statement of the BF, BH and K;

1. Copy of the protocol of examination of witness in relation to BK in the Gwangju District Court 2016 High Court 5256;

1. A medical certificate (No. 2, 12, and 27 No. 1336);

1. Each photograph (No. 3, 4, 17, 51 No. 51 in the list of evidence);

"2018 Gohap287"

1. Defendant C’s legal statement

1. A complaint;

1. Application for BM used cars; and

1. Automobile register;

1. A contract for acquisition of assets;

1. Previous convictions in judgment: Criminal records (C) and personal confinement status (C);

Judgment on Defendant H and his defense counsel’s assertion

1. As to the part of the crime No. 2-B of the judgment of the Defendant, the Defendant asserts that “the Defendant is going to walk the body of the victim two times due to its appearance,” the victim is going to walk the body two times beyond the victim, but there is no supporting fact of walking the body. According to the evidence of the judgment, the Defendant can recognize the fact of walking the body of the victim two times as stated in the facts of the crime, and this part of the claim is rejected.

2. The Defendant asserts that with respect to the part of the crime No. 2-B in the judgment of the Defendant, “the Defendant, at his hand, knife the face of the victim BA by putting the knife of the knife with the knife of the knife of the knife of the knife with the knife of the knife with the knife of the knife with the knife of the knife with the knife of the kn

3. As to the part of the crime No. 2-B of the judgment of the Defendant, “Defendant H considered that he was aware of the situation inside and outside the chemical team during the assault of Victim B, etc. outside the chemical team,” the Defendant asserts that he did not have any network despite the fact. According to the evidence of the judgment, the Defendant’s access to the chemical team at the time when the Victim AY was assaulted by the group from Defendant B, etc., and the Defendant’s access to the scene of the assault was made by the police officers after receiving 112 reports, and the police officers were dispatched. According to the above facts of recognition, the Defendant can be sufficiently recognized the fact that he was aware of the crime committed by Defendant B, etc., and the network was presented. Accordingly, this part of the Defendant’s assertion is not accepted.

4. The Defendant asserts that there was no intention or predictability to injure the victims. As such, the Defendant asserts that there was no responsibility to do so. The conspiracy between two or more persons are not legally required in relation to accomplices who jointly process the crime, but only two or more persons intend to jointly process the crime and realize the crime. Although there is no process of the whole conspiracy, if the combination of intent is formed in order or impliedly, the conspiracy is established between several persons, and even if there is no direct participation in the act of the crime, even if there was no direct participation in the act of the crime, the Defendant is held liable to commit the crime as a co-principal (see, e.g., Supreme Court Decision 97Do1706, Sept. 12, 1997). However, even if the Defendant continued to be aware of the crime of this case against the victims of the crime of this case, it is reasonable to view that the Defendant did not participate in the crime of this case in the process of the crime of assault by the victim B and other Defendants, and thus, the Defendant did not have been aware of the victim’s intent to commit the crime of this case.

Judgment on Defendant I and his defense counsel’s assertion

1. Summary of the assertion

The defendant has no intimidation, or assaulted the victim AZ.

2. Determination

A. The act of using violent language, taking a bath, or displaying or taking a hand or an object at the same time in the vicinity of the victim's body may constitute assault as an exercise of unlawful tangible force against the victim even though the victim did not have any contact with the victim's body (see, e.g., Supreme Court Decisions 10, Jan. 10, 2003; 200Do5716, Jan. 10, 2003).

B. According to the CCTV image photograph (No. 2018 type 23081, 24844, evidence record No. 1006-1007 pages), the police officers and the Defendants were frightened to the victim Z. However, the Defendant’s access to the victim Z while committing an act of assaulting the victim Z with her hand. In addition, the victim tried to see that the investigative agency stated that “I will throw away from her night, spact, death,” while she tried to use the victim Z at the time when she stated that “I wish to use the victim Z.” (No. 2018 type 2308, No. 24844, the evidence record No. 1349) and that I wish to use the victim Z as evidence and evidence No. 284, the victim 2, the police officer at the time of using the victim Z in light of the above legal principles.

C. The Defendant asserted in an investigative agency and this court that “the victim AZ has to go to the police officer at the time of coming to the police officer.” However, the Defendant at the time of coming to the late in a building more than other Defendants, the Defendant did not participate in the act of assault against the victim, YA, and Z, and was not in the state of mathn with the victim, and the Defendant’s speech and behavior at the time did not seem to be consistent with it, it is difficult to believe the change of the above Defendant’s lawsuit as it is. Rather, the Defendant did not seem to have been aware at the time of the victim’s act of assault against the victim’s act of assault against the police officer, and even at the time of the victim’s act of assault against the victim’s act of assault against the victim’s act of assault against the victim’s victim’s act of assault against the victim’s act of assault against the victim’s victim’s act of assault against the victim’s act of assault against the victim’s victim’s act of assault against the victim’s act of assault against the victim.

3. Conclusion

Therefore, the defendant's above assertion is not accepted.

Application of Statutes

1. Article applicable to criminal facts;

(a) Defendant A: Article 4 (1) 3 of the Punishment of Violences, etc. Act (the point of joining a violence crime group);

(b) Defendant C: Article 4(1)3 of the Punishment of Violences, etc. Act (a point of joining a violence crime group), Articles 258-2(2), 258(2) of the Criminal Act (a point of special serious injury), Articles 258-2(1), 258(1), and 258(1) of the Criminal Act (a point of special injury), Articles 261 and 260(1) of the Criminal Act (a point of special violence), Article 323 of the Criminal Act

(c) Defendant B: Article 4(1)3 of the Punishment of Violences, etc. Act (a point of joining a violence crime group), Articles 258-2(2), 258(2) of the Criminal Act (a point of special injury), Articles 258-2(1), 258(1), and 258(1) of the Criminal Act (a point of special injury), Articles 261 and 260(1) of the Criminal Act (a point of special violence), Article 257(1) of the Criminal Act (a point of injury), Article 257(2)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act (a point of joint violence)

(d) Defendant D, G, or H: Article 4(1)3 of the Punishment of Violences, etc. Act (a point of joining a violence crime group), Articles 258-2(2) and 258(2) of the Criminal Act (a point of special serious injury), Articles 258-2(1) and 258(1) of the Criminal Act (a point of special injury), Articles 261 and 260(1) of the Criminal Act (a point of special violence)

(e) Defendant E: Article 4(1)3 of the Punishment of Violences, etc. Act (a point of joining a violence crime group), Article 4(1)3 of the Punishment of Violences, etc. Act, Article 32(1) of the Criminal Act (a) (b) Article 258-2(2) and 258(2) of the Criminal Act, Articles 258-2(1) and 258(1) of the Criminal Act, Articles 258-2(1) and 258(1) of the Criminal Act, Articles 261 and 260(1) of the Criminal Act

(f) Defendant F and I: Article 4(1)3 of the Punishment of Violences, etc. Act (a point of joining a violent crime group), Articles 258-2(1) and 258(1) of the Criminal Act (a point of special injury);

1. Selection of punishment;

Special assault, each injury, each violation of the Punishment of Violences, etc. Act (joint assault), each damage to property, and each obstruction of exercise of the right, shall be punished by imprisonment with prison labor.

1. Aggravation for repeated crimes;

Defendant C: Article 35 (Interference with Exercise of Rights) of the Criminal Act

Defendant D: Article 35 of the Criminal Act (within the limit of the proviso of Article 42 of the Criminal Act in regard to a violation of the Punishment of Violences, etc. Act (Composition and Activity of Organizations, etc.))

1. Aid and mitigation;

Defendant E: Articles 32(2) and 55(1)3 of the Criminal Act / [as to the crime of aiding and abetting in violation of the Punishment of Violences, etc. Act (Organization and Activity of Organizations, etc.)]

1. Aggravation for concurrent crimes;

Defendant B, C, D, E, F, G, H, and I: The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (Article 38(1)2 and Article 50 of the Criminal Act (Article 42 of the Act on the Punishment of Violences, etc. (Organization and Activity of Organizations, etc.), to the extent that the scope of the proviso of Article 42 of the Criminal Act is added to Defendant F and I, to the extent that the long-term punishment of two crimes is added to Defendant D)

1. Discretionary mitigation;

Defendant A, F, and I: Articles 53 and 55(1)3 of the Criminal Act (The following favorable consideration of the reasons for sentencing):

1. Suspension of execution;

Defendant A, F, H, and I: Article 62(1) of the Criminal Act (The conditions favorable to the reasons for sentencing below)

1. Social service order;

Defendant H and I: Article 62-2 of the Criminal Act

1. Probation;

Defendant F: Article 62-2 of the Criminal Act

Reasons for sentencing

1. The scope of punishment by law;

(a) Defendant A: Imprisonment with prison labor for one to 15 years;

B. Defendant B, C, E, G, and H: Imprisonment with labor for 2 to 45 years;

(c) Defendant D: Imprisonment for 2 to 50 years;

(d) Defendant F, I: Imprisonment with prison labor for a period of one to twenty years;

2. Scope of recommendations according to the sentencing criteria; and

(a) Defendant A: Violation of the Punishment of Violences, etc. Act (Organization and activity of an organization, etc.);

The sentencing criteria are not set.

B. Defendant B

1. Second offense: Violation of the Punishment of Violences, etc. Act (Organization and activity of an organization, etc.);

The sentencing criteria are not set.

(ii)crimes Nos. 2, 3, 4, and 5: Crimes of special serious injury and each special injury 3);

After setting the sentencing criteria ( effective July 1, 2012), the new sentencing criteria are newly established by the amendment of the Criminal Act, and the same sentencing criteria may not be applied as they are.

3. A crime No. 6: A crime of injuring a victim BF;

[Determination of Type 1] General Injury to Violence (General Injury)

[Special Sentencings] Reductions - Punishments not to be imposed

[Scope of Decision and Recommendations] Reduction Area ( Imprisonment of two months to one year)

4. Class 7 crime: A crime of inflicting an injury on a victim BH;

[Determination of Type 1] General Injury to Violence (General Injury)

[Scope of Decision and Recommendations] Basic Area ( Imprisonment of April to June 1)

(e) Class 8 crime: Special assault;

[Determination of Punishment] Types 6 of Violence Crimes (Habitual, Cumulative, Special Violence)

[Scope of Decision and Recommendations] Basic Area ( Imprisonment of 6 months to 1 October)

6. Class 9 crime: A crime of violating the Punishment of Violences, etc. Act;

[Determination of type] Violence 1 (General Violence)

[Special Sentencings] Reductions - Punishments not to be imposed

[Scope of Decision and Recommendations] Reduction Area ( Imprisonment of one month to eight months)

7) Crimes referred to in Articles 10 and 11: Crimes of causing property damage;

[Determination of Type 1] General Criteria for Destruction (Destruction of Property, etc.)

[Scope of Decision and Recommendations] Basic Area ( Imprisonment of April to October)

8) Scope of final recommendation according to the standards for handling multiple crimes: Imprisonment with prison labor for at least two years (the lower limit of the recommendation sentence is set by law, since the crime of violation of the Punishment of Violences, etc. Act (Composition and Activities of Organizations, etc.) for which the sentencing criteria have not been set is concurrent crimes with the above crimes under the former part of Article 37 of the Criminal Act, only the lower limit of the recommendation sentence shall be considered, but the lower limit of the recommendation sentence is lower than the lower limit

C. Defendant C

1. Second offense: Violation of the Punishment of Violences, etc. Act (Organization and activity of an organization, etc.);

The sentencing criteria are not set.

(ii)Offences referred to in subparagraphs 2, 3, and 4: Crimes of special serious injury, each special injury 4);

After the sentencing criteria (the date of July 1, 2012, the amendment of the Criminal Act) are newly established, and the above sentencing criteria may not be applied as they are.

(c) Class 5: Special assault;

[Determination of Punishment] Types 6 of Violence Crimes (Habitual, Cumulative, Special Violence)

[Scope of Decision and Recommendations] Basic Area ( Imprisonment of 6 months to 1 October)

4) Group 6 crime: Interference with exercise of rights;

[Determination of Punishment] Obstruction of Exercise of Rights (Obstruction of Rights) No. 1

[Scope of Decision and Recommendations] Basic Area ( Imprisonment of six months to one year)

6) Scope of final recommendation according to the standards for handling multiple crimes: Imprisonment with prison labor for at least two years (the lower limit of the recommendation sentence is set at the statutory lower limit of the applicable sentencing range, as the crime of violation of the Punishment of Violences, etc. Act (Composition and Activity of Organizations, etc.) for which no sentencing criteria are set is related to the above crimes, only the lower limit of the sentencing range shall be considered, but the lower limit of the recommendation sentence is lower than the statutory lower limit of the applicable sentencing range.)

(d) Defendant D, E, G, and H

1. Second offense: Violation of the Punishment of Violences, etc. Act (Organization and activity of an organization, etc.);

The sentencing criteria are not set.

2. Crimes referred to in subparagraphs 2 and 3: Crimes of special serious injury and special injury;

After setting the sentencing criteria ( effective July 1, 2012), it is newly established by the amendment of the Criminal Act, and the above sentencing criteria cannot be applied as they are).

(c) Class 4 crime: Special assault;

[Determination of Punishment] Types 6 of Violence Crimes (Habitual, Cumulative, Special Violence)

[Scope of Decision and Recommendations] Basic Area ( Imprisonment of 6 months to 1 October)

4) Scope of final recommendation according to the standards for handling multiple crimes: Imprisonment with prison labor for at least two years (the lower limit of the recommendation sentence is set at the statutory lower limit of the applicable sentencing range, as the crime of violation of the Punishment of Violences, etc. Act (Composition and Activities of Organizations, etc.) for which no sentencing criteria have been set is related to the above crimes, only the lower limit of the sentencing range shall be considered, but the lower limit of the recommendation sentence is lower than the statutory lower limit of the applicable sentencing range)

E. Defendant F.I

1. Second offense: Violation of the Punishment of Violences, etc. Act (Organization and activity of an organization, etc.);

The sentencing criteria are not set.

2. Second offense: An offense of special injury;

After setting the sentencing criteria ( effective July 1, 2012), new sentencing criteria are newly established by the amendment of the Criminal Act, and the above sentencing criteria cannot be applied as they are).

3. Determination of sentence;

(a) "2018 Highis248" and "2014 Highis258";

1) Common elements for sentencing to the Defendants

Since a criminal organization has the characteristic of a systematic and continuous combination of many people who have committed a crime, the crime committed by its members is much more scarcity and interviewed than ordinary crimes. For that reason, not only the direct victim of the crime but also the general citizens feel extreme anxiety and fear due to such crime, and serious threat to the maintenance of the legal order of the social community and the peace of the community. Therefore, it is necessary that the defendants joined the criminal organization as a member of the criminal organization regardless of whether it actually and specifically harm the general public.

2) Common contents with respect to the remaining Defendants except Defendant A

The Defendants, who are members of the violent organization, assaulted victims by using their physical and water superior to the victim's behavior on the ground of minor trial expenses with the victim's body. In particular, the victims AY who had no intention of resistance due to the complete restraint by the Defendants were physically imprisoned, and the both inside and right side of the above victims and the lower walls were cut off, and the victim's right side due to the mouth and the blood stroke, etc. were diagnosed by the 'the gralopic strophism damaged by the gys, etc.', and the victim suffered serious bodily and mental pain. The victim AY appears to have suffered significant physical and mental pain, such as the grhetoric gymosis during multiple times during which the grhetoric gym was collectively abused by the Defendants, and the other victims also seem to have suffered considerable physical and mental pain.

In addition, Defendant B, C, E, and G were those who have been fry and body, and were fryed in the process of assaulting the victims, revealing their will and sentences, and creating an excessive and fright atmosphere of the criminal organization. Defendant B, C, E, and D provided a fundamental cause of assault to a group of people, and Defendant B, C, E, and D showed a strong attitude that they were frying, frying, and frying the public authority by continuing assaulting the victim’s Z while booming the police officer’s position. In particular, Defendant B’s act and order was very cruel and unhumanized by the law and order, such as intending to get off the victim AY due to a large amount of bombles or more than 2 km. Defendant D provided fundamental cause of assault to the group of people, and Defendant B’s participation in the exercise of the victim’s cell phone in the event of the victim’s excluding the Defendant’s assault, and thus, it was particularly necessary to disclose the victim’s personal trust and Y.

Nevertheless, the Defendants consistently denied criminal facts while denying criminal facts in an investigative agency as to the membership activities of a criminal organization, and the investigation was conducted to a certain extent and the objective evidence was secured, and there is no reason after the crime was committed, such as the following: (a) the Defendants alleged that the victims had induced violent crimes in this case, and the victims had consistently explained that they would justify their actions, such as the victims' assertion that they had caused violence in this case; (b) the Defendants did not recover from damage to the victims; and (c) the victims did not receive any instruction from the victims; and (d) the victims did not want to punish the victims.

In full view of these points, it is inevitable to punish the Defendants with severe penalty corresponding to their respective criminal liability.

3) Individual sentencing factors

A) Defendant A

The Defendant did not participate in the instant violent crime at all, and the Defendant appears to have not actually participated in the instant violent crime during the period of insurance coverage while he was admitted to the criminal organization, and the Defendant appears to have been faithfully engaged in the instant violent crime in favor of the general company.

B) Defendant B

In light of the following: (a) the Defendant had six times of violent crimes; (b) one-time prior conviction (the Act on the Punishment of Violences, Etc.) was committed against the victim AY; (c) the Defendant used cruel violence leading the victim AY; and (d) the victim, who was used in the chemical team, was exposed to a huge injury; and (c) the attitude after the arrest as a result of the instant crime, etc. was committed (see, e.g., Gwangju District Prosecutors’ Office 2018, No. 20831, No. 7831, Mar. 1, 2018).

However, it is more favorable that the defendant did not exercise the direct tangible power against the victim BB and BA.

C) Defendant C

The defendant had a previous conviction (the crime of robbery, special robbery), and the defendant D and the victim AZ committed the crime of violence in this case by assaulting the victim A with the defendant D when the costs were incurred due to the problem of taxi riding between the defendant D and the victim AZ. Nevertheless, if the victim AY did not look at himself, the crime of violence in this case did not occur and the responsibility for the crime of violence in this case appears to be neglected to the victim AY.

However, it is more favorable to Defendant B’s active control over intending to get a victim AY with the care of Defendant B, thereby preventing the victim AY from causing more damage, not exercising the direct tangible power to the victim BB and BA, and the fact that it appears that Defendant B expressed his intention to withdraw from the criminal organization before the occurrence of the instant violent crime.

D) Defendant D

There are five times of violent crimes against the defendant. Among them, there are five times of past convictions (the crime of injury by death). Nevertheless, despite the fact that the defendant joined a criminal organization during the period of repeated crime without being aware of it, the victim A was committed for the first time, and the victim A was committed by assaulting the victim for the purpose of the crime of this case, and the victims were all victims without being prevented. In particular, the victim BB, a female victim, committed violence on the ground that the victim BB mets violence, and caused the above victim's face to go beyond the string and face, and the victim AY led the victim AY together with the defendant B. Nevertheless, it seems that the victim was not seriously against the fact that the brea was done under the influence of alcohol, despite the fact that the brea was not done under the influence of alcohol.

e) Defendant E

On February 12, 2015, the fact that the Gwangju District Court has been sentenced to a two-year suspended sentence for the crime of obstruction of performance of official duties on the part of the defendant three times, and on February 12, 2015, the fact that the defendant was enrolled in the criminal organization during the suspended sentence without being able to do so, and that the degree of participation after the defendant D appears to be more severe.

However, there is no power to commit a crime exceeding the suspended execution against the defendant, and the defendant Eul was prevented from intending to see the victim AY with the defendant C, and the defendant seems to have recognized all of the crimes of this case and be against the law.

F) Defendant F

In addition, on January 20, 2014, the fact that the defendant had been sentenced to imprisonment for 6 months with labor for fraud by using computers, etc. in the Gwangju District Court is disadvantageous.

However, at the latest at the end of most violence cases, it is advantageous to the following: (a) the degree of the defendant's participation is insignificant; (b) the period of participation by the organization is not long; and (c) the fact that the organization actually participated in the crime during the period of participation is not considered to have been actually involved in the crime during the period of participation; and (d) the fact that it appears that the crime is divided in depth during a considerable period of detention.

G) Defendant G

The fact that the defendant has five times of violent crimes committed against the defendant, and that the victim AZ was unable to resist due to the shock that he was assaulted by the defendant D, E, etc., was placed in the side of the vehicle parked on the road, and the knee is strong to the knee, etc., and the crime is not good.

However, there is no record of committing a crime exceeding the suspended sentence against the defendant, the defendant seems to have recognized all of the crimes in this case, and the period of active activities by the criminal organization is not long, and there is no fact of actual participation in the act of violence of the criminal organization during the period of insurance coverage, and the fact that it appears to have expressed his intention to withdraw from the criminal organization before the occurrence of the crime in this case is favorable.

H) Defendant H

It is an unfavorable circumstance that the defendant denies the fact of crime and does not reflect it.

However, the fact that the defendant is the first offender, the other defendants are appointed, and the use of violent acts is intermittently, but the overall degree of the defendant's participation is relatively minor, the victim AZ, AY, BA except the victim BB, and the victim is not punished by the defendant. The period of participation in the crime organization is not longer than the period of participation in the crime organization, and the fact that there is no actual participation in the act of violence of the crime organization during the period of participation is considered to be favorable.

I) Defendant I

It is a favorable situation that there is no history of the crime exceeding a fine against the defendant, most of the violence is completed, and the degree of the defendant's participation is insignificant, such as participation in the use of violence against the victim AZ at the latest, and the victim is not subject to the punishment of the defendant, and the period of participation in the crime organization is not longer than the period of participation in the crime organization, and it seems that there is no fact of actual participation in the violence of the crime organization during the participation period.

(b) "2018, 257";

The crime of this case was committed by Defendant B while drinking alcohol together with the victim BF and BK, and the female-friendly job offers victim BH living together suffered injury or damaged the property located within the residence of the above victim. In light of the background, method, and degree of assault and injury, etc. of the crime of this case, the nature of the crime of this case is not good. Defendant B is highly likely to be criticized in light of the legal order, such as committing multiple crimes within the short period of time. Defendant B appears to have not taken any measures for the recovery of damage to the victim B H, and the victim B was punished by Defendant B.

However, the victim BF and the BK agreed that the above victims were not punished by the defendant B, and the fact that the defendant B recognized the crime of this case is favorable.

(c) "2018Gohap287";

The instant crime is committed by Defendant C concealed a passenger car with a maximum claim amount of KRW 6,90,000,00 for which the right to collateral security was created. Such crime is not good because it may lead to other crimes, such as distribution of teas. Defendant C, despite having been employed as a repeated offender, did not have to be able to commit the instant crime, and only partially (2,70,000 won) out of the loan amount was repaid, and the remainder (22,40,000 won as of December 2, 2017) is not repaid.

However, it is advantageous to the fact that Defendant C recognizes the instant crime.

(d) General;

In full view of the common sentencing factors and individual sentencing factors in the instant case, “2018 Highly 248, 2014 Highly 258,” and “2018 Highly 257,” and “2018 Highly 257,” including the sentencing factors in the instant case, the Defendants’ age, character and conduct, environment, motive and means of the commission of the crime, and circumstances after the commission of the crime, etc., as indicated in the instant pleadings, the Defendants’ punishment is determined as ordered.

Judges Lee Dong-young

Judges Kim Young-soo

2) In the case of violent crimes, the sentencing criteria decided June 18, 2012 and enforced July 1, 2012 are followed.

3) However, it will refer to the scope of recommendations according to the sentencing guidelines newly applied from the case prosecuted after August 15, 2018, as follows:

1. Second offense: Special serious injury;

[Determination of Punishment] Type 2 (Special Bodily Injury, Bodily Injury, Bodily Bodily Injury) for Violence

[Special Aggravationd Persons] Aggravationd - Method of Cruel Crimes

[Scope of Decision and Recommendations] Aggravation of Aggravation (2 to 5 years of imprisonment)

2. Each special injury to the victims of crimes Nos. 3 and 4, B and A, respectively;

[Determination of Punishment] Type 1 (Special Bodi Injury) for Aggravated Injury, Bodi Bodily Injury (Special Bodily Injury)

[Scope of Decision and Recommendations] Basic Area ( Imprisonment of 6 months to 2 years)

3. Crimes of special injury to BK of a victim of crimes No. 5.

[Determination of Punishment] Type 1 (Special Bodi Injury) for Aggravated Injury, Bodi Bodily Injury (Special Bodily Injury)

[Special Sentencings] Reductions - Punishments not to be imposed

[Scope of Decision and Recommendations] Reduction Area ( Imprisonment of four months to one year)

4) However, it will refer to the scope of recommendations according to the sentencing guidelines newly applied from the case prosecuted after August 15, 2018, as follows:

1. Second offense: Special serious injury;

[Determination of Punishment] Type 2 (Special Bodily Injury, Bodily Injury, Bodily Bodily Injury) for Violence

[Special Aggravationd Persons] Aggravationd - Method of Cruel Crimes

[Scope of Decision and Recommendations] Aggravation of Aggravation (2 to 5 years of imprisonment)

2. Crimes under subparagraphs 3 and 4: Each special injury;

[Determination of Punishment] Type 1 (Special Bodi Injury) for Aggravated Injury, Bodi Bodily Injury (Special Bodily Injury)

[Scope of Decision and Recommendations] Basic Area ( Imprisonment of 6 months to 2 years)

5) However, it will refer to the scope of recommendations according to the sentencing guidelines newly applied from the case prosecuted after August 15, 2018, as follows:

1. Second offense: Special serious injury;

[Determination of Punishment] Special Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury>

[Special Aggravationd Persons] Aggravationd - Method of Cruel Crimes

[Scope of Decision and Recommendations] Aggravation of Aggravation (2 to 5 years of imprisonment)

2. Third offense: An offense of special injury;

[Determination of Punishment] Special Injury, Bodi Bodi Bodi Bodily Injury> Types 1 (Special Injury)

[Scope of Decision and Recommendations] Basic Area ( Imprisonment of 6 months to 2 years)

6) However, it will refer to the scope of recommendations according to the sentencing guidelines newly applied from the case prosecuted after August 15, 2018, as follows:

[Determination of Punishment] Special Injury, Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodi Bodily Injury>

[Special Convicts] Reductions - Where there are extenuating circumstances for commission of crimes.

[Scope of Decision and Recommendations] Reduction Area ( Imprisonment of 10 months to 2 years)