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(영문) 광주고등법원 2016.09.08 2016노234

폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. As to the summary of the grounds for appeal, the defendant asserts that the defendant's imprisonment (one year and six months of imprisonment) declared by the court below is too unreasonable, and the prosecutor asserts that it is too uneasible and unfair.

2. The crime of this case is a case where the defendant act as a member to maintain and strengthen the "Yeong Mali-safafafafafafafafafa", which is a violent crime group, and the defendant committed an injury to five victims along with his behavior to fafabbbly with his behaviors and drinking at the main point. In the case of the crime of crime of crime of crime of crime organization activities, the crime of crime of crime of crime of crime of crime organization is highly likely to be violent and collective, and the result of the crime of joint injury is not written against the majority victims, and the crime of violence, etc., which is revealed in the crime, and its relationship is very poor.

In addition, the defendant was sentenced to a suspended sentence of imprisonment due to a violation of the Punishment of Violences, etc. Act (organization and activity of organization, etc.), and committed the crime in this case during the suspended sentence.

However, there are circumstances that can be considered favorable to the defendant, such as that the defendant's social support system is relatively sound, such as the fact that the defendant both led to the confession of the crime and the mistake, the failure to move to a specific violence in the case of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the crime of the bodily injury, the agreement with one victim in the case of the joint injury, and the deposit of the name of agreement with three persons, etc., the defendant's family and branch members are trying to prevent the defendant from participating in the crime organization

In addition to these circumstances, various sentencing conditions, including the defendant's age, character and conduct, the environment, the circumstances after the crime, and the circumstances after the crime.