beta
(영문) 서울고등법원 2010.10.14 2010노1380

폭력행위등처벌에관한법률위반(단체등의구성.활동)등

Text

The judgment below

Of course, the judgment of the court of first instance against the defendant T is from 1 to 4, 6 to 10, 14 of the judgment of the court of first instance.

Reasons

1. Summary of grounds for appeal;

A. Defendants 1) only committed a mistake of facts as to Defendant Q, R, V, X, AA, and QB AB as a member of the organization of BD, and there was no fact that the Defendants constituted a new criminal organization called AZmm or joined as a member of the organization of AZm.

B) In the event that Defendant Q Q’s imprisonment with labor for 6 years, 3 years and 6 months, 2 years of imprisonment with labor for Defendant X and AB, 1 year and 6 months of imprisonment with labor for Defendant X and AB, 2 years and 2 years and 6 months of imprisonment with labor for Defendant AB, Defendant SA did not constitute a criminal organization called AZm, first, there was no fact that the Defendant constituted a criminal organization called AZm, second, Defendant Q Q, R, T, AB, V, Y, and A jointly with the multiple force, and caused injury to the victim DU for about 2 weeks of treatment, and by force, the Defendant did not interfere with the victim’s business presentation work by the victim AY’s business presentation. Third, even though the victim’s imprisonment with labor for 1 year and 2 years of imprisonment with labor for the victim’s T and 2 years of imprisonment with labor for the victim’s multiple force, the lower court did not err in doing so.

3) In fact-finding, the Defendant did not take part in the organization of the criminal organization called AZm, and the Defendant did not threat the victim BM by carrying a lethal weapon jointly with the Defendant A and Y. Third, in order to compromise the victim AY and the Defendant S, the Defendant was under contact with the Defendant S and did not commit an assault against the victim AY by multiple force with the Defendant S. Fourth, Defendant A et al., Defendant A et al., carried a knife with Defendant A and carried a knife with a deadly weapon, and did not threaten the victim BK and AB by carrying a knife, which is a deadly weapon.Fifth, the victim F Q and FR did not withdraw the money deposited by the victim FT and FR to Bosing, and did not return it.