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(영문) 광주고등법원 2019.05.16 2018노506

폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)등

Text

The judgment below

Part concerning Defendant B, C, D, E, and G shall be reversed, respectively.

Defendant

Punishment B shall be sentenced to imprisonment.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court against the Defendants is too unreasonable.

B. The lower court’s sentence against the Defendants by the prosecutor is too uneasible and unreasonable.

2. Determination

A. Defendants B, C, D, E, and G were members of the “JP”, a criminal organization.

The Defendants used the fact that their daily activities are more physically and indirectly superior to the victims, and used the violence collectively to the victims AY, AZ, BB, and B.

The Defendants, even though many police officers were called to the site, have undermined public authority by continuing violence without having a scambling, thereby impairing the people's trust in legal order and legitimate exercise of public authority.

Due to the Defendants’ crimes, the victims AY suffered serious injury that would permanently lose the eyesight of the right eye, and the victims AZ and BB suffered injury.

Defendant

B exercised violence led by the victim AY, plucking up amangs, so that the victim AY was knife, and the victim was knife more than 2 kg.

The criminal law is very harsh.

Defendant

In addition to B, in addition to the victim BF, BK and H, the victim suffered injury, and the victim BH's property was damaged.

Defendant

B had six times of violent crimes and one of them was sentenced to imprisonment (the crime of violation of the Punishment of Violences, etc. Act) and committed each of the crimes in this case without being aware of it (the crime of joint injury).

Defendant

C, along with Defendant D, assaulted the Victim AZ and provided the origin of the violent crime of this case.

The defendant committed the crimes of violence on two occasions without being aware of the crimes of robbery (the crime of bodily injury by robbery and special robbery).

In addition, the defendant concealed the automobile whose right to collateral security was established during the period of repeated crime and obstructed the exercise of the right by the victim BMF corporation.