폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.
2. Determination [Unfavorable Circumstances] Crimes in violation of the Punishment of Violences, etc. Act (Organization of Organizations, etc.) among the crimes in this case are serious.
The defendant was sentenced to imprisonment for a violation of the Punishment of Violences, etc. Act, and the execution of the sentence has been completed, and the above crime has not been committed for more than a few months.
The crime of injury among the crimes of this case is not likely to be subject to criticism because the injury was inflicted upon the victim who is an acting driver.
The defendant has been punished several times for violating the Punishment of Violences, etc. Act.
[G] The Defendant voluntarily surrendered on May 18, 2015 for the crime of violation of the Punishment of Violences, etc. Act (the formation of an organization, etc.); and on May 19, 2015 for the crime of bodily injury, the number of self-denunciations and 25 and 19. All of the instant crimes were voluntarily surrendered.
(However, “The reason for the sentence” of the lower judgment is that the Defendant does not state the circumstances that the Defendant voluntarily surrenders as above. The Defendant seems to be in profoundly against his mistake.
The crime of violation of the Punishment of Violences, etc. Act (the composition of an organization, etc.) among the crimes of this case was committed during July to August 2007.
During the crime of this case, the victim of the bodily injury was fully agreed with.
In addition, comprehensively taking into account all the conditions of arguments and records, such as the defendant's age and behavior intelligence environment, relationship with the victim, motive means of the crime (including the timing of joining the criminal organization of the defendant, the status and degree of participation in the criminal organization), circumstances after the crime, etc., the sentence imposed by the court below is too unreasonable.
3. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is followed after pleading.