폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)
All of the appeals by prosecutors are dismissed.
1. Summary of grounds for appeal;
A. On October 23, 2014, Defendant A, C, and D did not err by misapprehending the facts and adversely affecting the conclusion of the judgment, even though Defendant A, C, and D met the counter-help staff prior to the preparation of a written statement at the Police Station of Gwangju Northern District, for the reduction of violent incidents, the lower court acquitted Defendant A, C, and D of this part of the facts charged.
2) The preparation of a false statement by Defendant B is for the benefit of the organization of a criminal organization rather than avoiding the punishment of an assistant employee, which constitutes the activities of a member of the GmP.
Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.
B. The sentence sentenced by the lower court (one year and two months of imprisonment, and two years of suspended execution) is too unhued and unfair.
2. Determination
A. 1) On October 19, 2014, Defendant A, C, and D R wave staff BH, and Defendant A, D, BI, and BJ confirmed that they are investigating relevant persons in relation to violent incidents on October 19, 2014, and, if it is found that many of them have committed violent incidents using lethal weapons as above, they may be subject to strict punishment by a considerable number of investigators belonging to the two criminal organizations, and accordingly, they were willing to reduce the contents of violent incidents by predicting difficulties in maintaining and strengthening the organization.
On October 20, 2014, at the “BL” coffee shop located in Gwangju-dong BK around 01:00, Defendant D, Defendant A, BI, BJ, Defendant C, and BH, who are the constituent members of the G strike, agree specifically on the reduction of the case, including that the two criminal organizations “a group fighting was not set at any group, and several members, each of whom had no same criminal record, will be carried out by the civilian who would be present at the police,” and the investigation agency for the development staff in the future.