폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)
The judgment of the first instance shall be reversed.
A defendant shall be punished by imprisonment for not more than ten months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. The sentence sentenced by the first instance court (two years of suspended sentence for one year of imprisonment) is too unreasonable.
B. The sentence imposed by the first instance court on the Defendants’ assertion of unfair sentencing is too uneasible and unfair.
2. Before the judgment on the grounds for appeal on the market, the following facts are examined as follows. According to the records, the defendant was sentenced to imprisonment with prison labor for ten months at the Incheon District Court on February 10, 2014 due to the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc., and the judgment became final and conclusive on February 18, 2014. The crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes against the defendant in the judgment of the court of first instance and the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes against the defendant in the judgment of the court of first instance, are concurrent crimes under the latter part of Article 37 of the Criminal Act, and the punishment for each crime in the judgment of the court of first instance shall be imposed in consideration of equity with the case where the judgment is rendered simultaneously. In this regard
3. If so, the judgment of the court of first instance is based on the grounds for ex officio reversal, and thus, the judgment of the court of first instance is reversed under Article 364(2) of the Criminal Procedure Act without examining the Defendant and the prosecutor’s allegation of unfair sentencing. It is again decided as follows.
Criminal facts
The summary of the facts constituting a crime and evidence acknowledged by this court is that of the judgment of the court of first instance, except for adding "the above judgment became final and conclusive on February 18, 2014," which is the same as the corresponding column of the judgment of the court of first instance, and thus, it is accepted in accordance with Article 369 of the Criminal Procedure Act, as it is, in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 4 (1) 3 of the Punishment of Violences, etc. Act concerning a crime;
1. The latter part of Article 37 of the Criminal Act for the treatment of concurrent crimes;