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(영문) 광주고등법원 2018.12.06 2018노379
폭력행위등처벌에관한법률위반(공동상해)등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Each sentence sentenced by the court below against the Defendants is too unreasonable.

B. The prosecutor (with respect to all the Defendants), each sentence imposed by the court below against the Defendants is too unfasible and unfair.

2. Determination as to the allegation of unfair sentencing by both parties

A. Each of the instant offenses committed against the Defendants is that the Defendants, who are members of a violent crime organization, have inflicted bodily injury by assaulting the victims who belonged or belonged to the same violent crime group, and that violence by the members of the organization of violent crime group is likely to habitually and professionally engage in such crime, and is highly likely to do so in itself, and if they commit violent crimes based on the organization’s status, they would directly and indirectly cause serious damage to the good citizens and create a sound social apprehension, it would be disadvantageous to the Defendants.

However, both the Defendants and the victims are those who are or were the members of Fmp, a same violent crime group, and each violent crime of paragraphs 2 and 3 of the decision of the court below seems to have occurred due to the order under the upper order inside the above organization, and they are not for the general public. In the process of the crime, the fact that the victim AC, etc., who has withdrawn from the organization, was done by chance, is favorable to the Defendants.

B. Individual sentencing factors 1) Defendant A was convicted on several occasions due to the above joining and activities after having joined the Fmpon around May 2001. Defendant A was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint injury) on August 28, 2014.

Nevertheless, on February 17, 2018, the Defendant suffered injuries by the victims on the ground that the victims AC and AD, who left the organization on February 17, 2018, were in their own eye, and later, the victims were affixed thereto on February 18, 2018.

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