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(영문) 서울고등법원 2014.12.12 2014노3272

폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant (one year of imprisonment with prison labor for six months and one year of imprisonment) is too unreasonable.

2. The judgment of the court below seems to have taken into account the following facts: the defendant committed all the crimes in this case; the defendant was aware of his mistake; the status in the organization of the defendant remains in action; the defendant appears to have withdrawn and been no longer involved in the D organization; the defendant voluntarily voluntarily surrendered to the investigative agency during several times; the crime of violation of the Punishment of Violences, etc. Act (Composition of Organization, etc.) among the crimes in this case was committed in violation of the Act on the Punishment of Violences, etc. (Organization of Organization, etc.) is not found in the circumstance that the defendant performed active leading role compared to other accomplices; the defendant was waiting and was dissolved after being instructed by his assistant's instructions; the defendant did not want the punishment of the defendant; the defendant did not want the punishment of the defendant; the defendant was sentenced to one year and two years of imprisonment with prison labor at the Incheon District Court on October 29, 2010; and the crime of violation of the Act on the Punishment of Violences, etc. (Organization of Organization, etc.) and the latter part of the judgment of Article 37 of the Criminal Act became final and conclusive.

However, a crime committed by a member of a criminal organization is a systematic and continuous combination of many people who have committed a crime. The crime committed by a member of the organization is more dangerous than an individual criminal act due to its collective sexual assault, and also acts as a serious threat to the maintenance of order in the community. Therefore, the defendant's act committed as a member of the criminal organization is highly likely to be diversified regardless of whether or not there is a specific and realistic damage, and the defendant is a defendant.