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(영문) 서울고등법원 (춘천) 2019.03.13 2018노169

폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment) by the lower court is too unreasonable.

2. The judgment is a favorable condition for the defendant, such as the fact that the defendant was not in a position above the executive officer in the CM, that the victims of the joint injury and special assault do not want the punishment of the defendant, that the defendant voluntarily surrendersed to an investigative agency, that the defendant was led to confession and seriously against the defendant, that his family and branch want to leave the wife, that there was no record of punishment exceeding the suspension of execution.

On the other hand, a criminal organization under the Punishment of Violences, etc. Act and so-called "bomb" themselves are threats to society in light of their violence and collective nature. In the event that a member of a criminal organization commits a crime based on organization's status, it may cause serious damage to good citizens and bring about extreme social anxiety. In particular, since Cmpha took place as the maximum violent organization in Chuncheon area, which was formed around June 26, 201 with 201, by emphasizing two items with exclusive interest projects, it has been highly threatened by infringing the interests of the existing private enterprisers and causing large and small violence cases. Thus, in order to create such criminal organization in an impossible state, it is inevitable to completely spread such organization in an impossible state, and the defendant was not merely admitted to a criminal organization and participated in the crime of joint injury and special violence without being involved in the crime, but, in light of the method of the crime and degree of damage, the defendant committed the crime against the general citizen, as well as the defendant, who believed to be an operating employee of Cmpha and the defendant.