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(영문) 서울고등법원 2017.11.24 2017노2723

폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)등

Text

The judgment below

Of them, the part against Defendant C shall be reversed.

Defendant

C A person shall be punished by imprisonment for one year.

Defendant

A, B, and D.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the court below on the Defendants (Defendant A: 6 months of imprisonment with prison labor for the crimes set forth in the judgment of the court below and 2 years of imprisonment for the remaining crimes; Defendant B; Defendant C: imprisonment with prison labor for a year and 6 months; Defendant C: imprisonment with prison labor for a year and 1 year and 4 April; Defendant D: 1-A 3) is too unreasonable.

B. The sentence imposed by the Prosecutor by the lower court to the Defendants is too uneasible and unreasonable.

2. Determination

A. The lower court: (a) Defendant A, under the circumstances unfavorable to Defendant A, committed a crime by actively engaging in activities as a member of a criminal organization, such as: (i) the commission of a violent crime is likely to habitually and professionally engage in such crime; (ii) the method or result of a crime can be adversely affected socially due to the multiple hearings; and (iii) it is highly dangerous in itself; (iv) the commission of a violent crime is likely to cause serious harm directly or indirectly to a large number of citizens; and (v) the commission of a violent crime, which is likely to have based on the organization’s status, is in need of severe punishment in terms of creating a sound social apprehension; and (iv) Defendant A is in need of severe punishment for a crime that needs to eradicate it in the aspect of creating apprehension of society; and (v) Defendant A performs a special violence directly to his subordinate staff and assaulting members of another criminal organization; and (v) Defendant A has instigated the above evidence of his trial to his own subordinate staff; and has appeared and made a false testimony by attending the criminal procedure; and (v) Defendant A, without exercising such substantial criminal authority for criminal justice.