beta
(영문) 광주고등법원 (전주) 2020.01.14 2019노198

폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the court below's imprisonment with prison labor for each of the crimes listed in the table Nos. 1, 2-A, 1, 2 of the crimes listed in the annexed table No. 1, 2-A of the original judgment, 2-A of the suspended execution of one year, 2-B of the crimes listed in the annexed table No. 3 through 18 of the judgment of the court below, 2-B of the crimes listed in the annexed table No. 2-B of the judgment of the court below, 8-month of the imprisonment with prison labor for the crimes listed in the

[Defendant’s defense counsel stated the grounds for appeal in the petition of appeal dated September 2, 2019 “the fact-finding person and the unreasonable sentencing person,” but withdrawn the assertion of mistake of facts in the statement of grounds for appeal dated October 10, 2019, and asserted only the grounds for appeal on the first day of the trial of this Court on December 17, 2019].2.

A. Articles 1 and 2-A of the judgment of the court below

Among the crimes, each part of the crimes listed in the annexed Table 1 and 2, among the crimes, each of the crimes is against the defendant's disadvantage because the defendant joined "C" as an organization for the purpose of the crime, and the crime is not less than the nature of the crime because the defendant opened a cell phone in the name of two victims and received a cell phone, etc. equivalent to 7,349,730 won in total. The crime organization is likely to be dangerous due to its violence or collective nature, and it is necessary to punish it strictly because it causes direct or indirect damage to the majority of citizens.

On the other hand, in light of the fact that the defendant recognized each of the crimes in this part and reflected, and the status and role of the defendant within the criminal organization, it does not seem that the degree of the defendant's participation is significant. The victims of the fraud in this part and the victims do not want the punishment against the defendant. Each of the crimes in this part is related to the concurrent crimes in the latter part of Article 37 of the Criminal Act with the Act on the Punishment of Violences, etc. (joint Injury) which became final and conclusive on August 24, 2018 and the latter part of Article 37 of the Criminal Act, and the equality is to be taken into account at the same time when the defendant