폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
Summary of Grounds for Appeal
The punishment of the court below (long-term two years of imprisonment, short-term one year and two months) is too unreasonable.
BO, prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the Defendant was sentenced to an irregular term by falling under “juvenile” as provided in Article 2 of the Juvenile Act at the time when the judgment of the lower court was rendered, but it is apparent that the Defendant was no more than 19 years old and less than 19 years old. As such, the lower court’s judgment that sentenced the Defendant to an irregular term of imprisonment was no longer maintained.
Therefore, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above ex officio reversal, and the judgment below is again decided as follows.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment below, and thus, they are quoted as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 4 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes and Article 4 (1) 2 of the Act on the Punishment of Violences, etc. ( comprehensively joining and activities of a criminal organization), Articles 4 (2) 2 and 2 (2) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act (the occupation of joint violence by an organization, etc. and the choice of imprisonment);
1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [limited to the sum of the long-term punishments of each of the crimes above] shall be concurrent crimes with the punishment determined for a violation of the Punishment of Violences, etc. (Composition and Activities of Organizations, etc.) of the Criminal Act;
1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)
1. Scope of punishment by law: Imprisonment with prison labor for not less than one year but not more than 19 years and not more than 6 months;
2. Non-application of the sentencing criteria: The sentencing criteria for each crime as indicated in the judgment.