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(영문) 광주고등법원 (전주) 2021.01.20 2020노188

폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)등

Text

The Defendants’ appeal is dismissed.

Reasons

The court below rejected the application for compensation by the applicant for compensation, and pursuant to Article 32 (4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the applicant for compensation cannot file an objection against the judgment dismissing the application for compensation. Thus, the part dismissing the application for compensation was immediately determined and excluded from the scope of the judgment of the court.

The sentence imposed by the court below (one year and two months of imprisonment, and one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

Judgment

Defendant

The fact that the defendant is divided into and against A's criminal act, the defendant joined a criminal organization for whom long has not yet passed, and the defendant appears to have withdrawn from it as an organization of the criminal organization, and there is no actual participation in violence. The victim does not want punishment against the defendant by agreement with the victims of the fraudulent crime. Each of the crimes of this case is in the relation of concurrent crimes such as special injury as stated in the records of the crime in the judgment below which became final and conclusive, and the crime of this case is in the relation of concurrent crimes such as fraud, and Article 37 of the Criminal Act and Article 39 (1) of the Criminal Act, and is favorable to the defendant

On the other hand, since a criminal organization may commit a serious and easy crime due to its own violence group and thereby undermine the peace and safety of society, criminal acts related to the criminal organization need to be strictly punished, and the defendant committed each of the crimes in this case even though he was in an appellate trial due to a special injury as stated in the judgment of the court below, it is disadvantageous to the defendant.

In addition to these various circumstances, there is no change in the terms and conditions of sentencing compared to the first instance court, and the first instance court’s reasonable scope of discretion. In addition, there is no change in the terms and conditions of sentencing, including the Defendant’s age, sex, environment, motive, means, and consequence of the instant crime.