폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
Of the facts charged of this case, each of the assault teachers.
1. The sentence of the court below, which sentenced two years to imprisonment for the defendant of the summary of the grounds for appeal, is too unreasonable.
2. Determination
A. The Defendant asserted only unfair sentencing grounds as grounds for appeal. However, according to Articles 4(2)2 and 2(2)1 of the Punishment of Violences, etc. Act and Article 260(1) of the Criminal Act, where two or more persons commit a crime of violence with intent to force an organization or group or jointly maintain and maintain an organization or group, the crime of violation of Article 4(2) of the Punishment of Violences, etc. Act is established. The Defendant is limited to having I and AM go on L, R and 1:1 as a member of the other criminal organization to which he/she belongs, and I and AM interfered with L, R and R as a member of the other criminal organization. Thus, I and AM do not interfere with L and R to jointly commit an act of assault. Thus, it is argued that the crime of aiding and abetting a violation of Article 4(2) of the Punishment of Violences, etc. Act is not established first, and this is examined ex officio.
B. 1) Article 4(2) of the Punishment of Violences, etc. Act provides that “When a person who forms an organization or group under paragraph (1) or has joined such an organization or group fests the power of such organization or group, or commits any of the following crimes for the continued existence and maintenance of such an organization or group, punishment shall be aggravated by up to 1/2 of the long-term or short-term punishment for such crime,” and subparagraph 1 of Article 4 provides that “any of the following crimes among the crimes under the Criminal Act” and subparagraph 2 provides that “any of the crimes under Article 2 or 3 (including any habitual offender, special crime, and habitual special crime under each corresponding provision of the Criminal Act)” and Article 260(1) of the Criminal Act provides that “any of the crimes under Article 2 of the Criminal Act does not include any of the crimes under subparagraph 1, and two or more persons jointly commit a crime under Article 260(1) of the Criminal Act (the Punishment of Violences, etc. Act).