beta
(영문) 서울고등법원 2019.06.28 2019노250

폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)

Text

The judgment below

The part of the defendant D against the defendant is reversed.

Defendant

D. A person shall be punished by imprisonment for a term of two years.

, however, the defendant.

Reasons

1. Summary of grounds for appeal;

A. Each sentence sentenced by the lower court to the Defendants (Defendant A: imprisonment of 2 years and 6 months; imprisonment of 2 years of probation; imprisonment of 3 years of probation; probation; and 160 hours of community service; Defendant D: imprisonment of 2 years and 6 months of probation; probation; probation of 4 years of probation; probation and 240 hours of community service) is too unaffortable and unreasonable.

B. Defendants 1) 1 and misunderstanding of the legal principles

(B) Defendant B did not have any fact between the Snoby Bank and W Hospital on November 3, 2016. Defendant D (definite) was able to take place on November 4, 2016, and there was no fact that Defendant D was able to wait in the vicinity or to prepare for violence with Ims (definites). Defendant D (definites) was subject to collective assault by J, and there was a concern about the fact that Defendant D was found in Snoby Bank and W Hospital, but it was not for gathering a war against Ims, but for gathering a war against Ims, and there was no direction to prepare for it at the time.

(In fact-finding). Sheet Defendant D has not conspiredd with C to assault J, such as ordering C to save the J, etc.

(In fact-finding or misunderstanding of legal principles). 2. The above-mentioned sentence imposed by the court below on the Defendants is too unreasonable.

2. We examine the Defendants’ grounds for appeal against the Defendants by the ex officio judgment prosecutor on Defendant D, and the Defendants’ grounds for appeal ex officio as to the facts charged in relation to the part of the charge, prior to the judgment on the grounds for appeal by the Defendants.

A. The summary of the facts charged is based on the main import of entertainment establishments, entertainment rooms, etc. from around 1989, the direction of the Incheon Regional Violence World is based on the main import.