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(영문) 광주고등법원 2012.12.11 2012노260

폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)등

Text

1. The part of the judgment of the court below against Defendant A (including the part of acquittal in the grounds) shall be reversed.

Defendant .

Reasons

1. Summary of grounds for appeal;

A. Defendant A, B, and C’s common misunderstanding of facts and misapprehension of the legal principles as indicated in the judgment of the court below, Defendant A, B, and C’s violation of the Punishment of Violences, etc. Act (the organizing activity of an organization, etc.), violation of the Punishment of Violences, etc. Act (joint injury by an organization, etc.), violation of the Punishment of Violences, etc. Act (joint injury by an organization, etc.), violation of the Punishment of Violences, etc. Act (Interference with business of an organization, etc.) and violation of the Punishment of Violences, etc. Act (Interference with business of an organization, etc.) (1) Ravers wave was a crime organization that

Even at the time of the instant case, there was no substance or no organization that has existed for the purpose of committing a crime, and Defendant B and A are not the leader or executive members of the said criminal organization, and Defendant C did not have any hostile son who has joined the said criminal organization.

② Defendant A and B did not engage in any act described in the facts charged, as described in paragraphs (3) through (5) below, and do not do so.

Even if a member of a criminal organization is not considered to have worked as a member of the criminal organization.

③ In the case of Article 2 of the lower judgment’s facts constituting the crime, Defendant A committed an assault while under the influence of alcohol, and did not commit an organized fighting between a white wave, and Defendant B did not give instructions to Defendant A as stated in this part of the facts charged.

④ In the case of Article 3 of the judgment below’s facts constituting the crime, Defendant B did not give the R the same instruction as the facts charged.

⑤ In the case of Article 5 of the judgment of the court below on the facts constituting the crime, Defendant A did not participate in fact or assault at a site after receiving V phone.

(2) Violation of the Punishment of Violences, etc. Act (collective assault by organizations, etc.) (Article 4 of the lower judgment’s criminal facts). There was no direct instruction or implementation of the Defendants, as stated in this part of the facts charged, to refer to a “defacing”.

B. Defendant A (1).