폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)등
The part of the judgment of the court of first instance concerning the crime of Articles 2 through 7 and the part concerning the defendant in the judgment of the court of second instance shall be reversed.
1. The first instance court dismissed the prosecution on intimidation, and only the Defendant appealed on the conviction part of the first instance court, and the judgment dismissing the above dismissal of prosecution is separated and confirmed as it is, and excluded from the scope of the trial of this court.
2. The summary of the grounds for appeal (e.g., punishment 1 and 2 of the lower court’s respective punishment (i.e., imprisonment 1 year for a crime No. 1 as indicated in the lower court’s holding; 2 years for a crime No. 2 as indicated in the holding, and 6 months for a crime) against the Defendant is too unreasonable.
3. Determination
A. Of the judgment of the court of first instance, the Defendant filed an appeal against the judgment of the court of first and second instance as to the part of the judgment of the court of first instance as to the part of the judgment of the court of first instance, and the court of second and second instances decided to jointly deliberate on each of the above appeals cases.
However, the crime of Articles 2 through 7 of the judgment of the court of first instance and the crime of Article 2 of the judgment of the court of second instance against the defendant shall be sentenced to a single punishment pursuant to Article 38(1) of the Criminal Act in relation to concurrent crimes under the former part of Article 37 of the Criminal Act, and therefore, the above part
B. Of the judgment of the court of first instance, the court below decided on the Defendant’s allegation of unfair sentencing regarding the first crime of this part of the judgment of the court below, taking into account the following factors: (i) the Defendant voluntarily surrenders to the crime of this part; and (ii) the relationship between official conflict, etc. for which the judgment became final and the latter part of Article 37 of the Criminal Act, and the equality with the case of the judgment at the same time; (iii) the Defendant’s membership in the criminal organization called “BW wave” may cause serious and serious harm to the general public directly or indirectly due to its violent nature or collective nature; and and (iv) other factors of sentencing, such as the Defendant’s age, character and behavior, environment, motive for the crime, and the circumstances after the crime