폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)등
All of the appeals by prosecutors are dismissed.
1. Summary of grounds for appeal;
A. In light of the fact that Defendant A made a statement of misunderstanding of facts (Defendant A) at the time of the police investigation, Defendant A made a statement that “at the time of the police investigation, he had joined the court,” the fact that the court below recognized the fact that Defendant A joined the court, which was independent of the judicial assistant staff, and the witness stated that Defendant A joined the court in the course of the investigation, and the witness AH testified that he had taken up such a talk, the fact that Defendant A joined the court as a criminal organization was sufficiently proven.
Nevertheless, the judgment of the court below which acquitted Defendant A of the facts charged is erroneous in misconception of facts.
B. The lower court’s sentence of unreasonable sentencing (Defendant G) (one year of imprisonment, and exemption from punishment) is unreasonable as it is excessively unhutiled.
2. Determination
A. The lower court determined that it is insufficient to recognize that the said Defendant was admitted to the J, a criminal organization, based on the evidentiary evidence produced by the Prosecutor, in light of the fact that all the judicial staff members present as witnesses, stated that Defendant A is not or is not aware of the fact that Defendant A was not a member of the J organization.
Even if the evidence duly adopted and examined by the court below is examined closely again in the trial, it is just that the court below found the defendant not guilty of the charges on the above grounds (each police protocol of the J assistant and witness alleged by the prosecutor as the evidence of guilt has not been adopted as evidence or the evidence has been withdrawn as evidence because it has no admissibility of evidence), and there is no illegality of misconception of the facts as alleged by the prosecutor.
B. The instant crime committed on the assertion of unfair sentencing (Defendant G) was committed under the pretext that Defendant G act as an organization of the J, which is a criminal organization, and thereby, Defendant G inflicted an injury on the staff of the subsequent aid staff in consideration of the Aluminium camping net.