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(영문) 서울고등법원 2013.03.08 2012노4079
폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the Defendants (2 years and six months of imprisonment, 1 year and six months of imprisonment, 1 year and six months of imprisonment, 1-B of imprisonment, and 1-B of the judgment of the court below, 6 months of imprisonment with prison labor for the crimes of 1-B of the judgment of the court below, 6 months of imprisonment with prison labor for the crimes of 1-B of the judgment of the court below, and 3 of the judgment of the court below, but the defendant C made an assertion of unfair sentencing only for the crimes of 1-B of the judgment of the court below.) is

2. Determination

A. The circumstances are favorable to the Defendant, such as the fact that the Defendant: (a) made a confession of all the crimes; (b) made his mistake in depth while the Defendant made a confession; (c) was not a core member of the Bupyeong-gum wave; (d) did not participate in the crimes of violence, etc.; and (e) graduated from high school with excellent grade and graduated from the Gyeonggi University CV, and graduated normally.

However, in the instant case, in that a criminal organization, such as Bupyeong-gu, in which the Defendants joined a criminal organization, has a high risk by itself due to violence and collective nature as well as indirectly inflicting serious damage on the victims and good citizens as well as the direct victims of the crime, it is necessary to strictly punish the crimes regardless of the occurrence of specific damage. The Defendant has recently joined a criminal organization, as well as his activities as a member of a criminal organization three times, and the Defendant has been sentenced to one year of imprisonment and two years of suspension of execution due to the violation of the Punishment of Violence, etc. Act (at night) on April 2, 2004, the Defendant was sentenced to a fine of five million won due to a violation of the Punishment of Violences, etc. Act (joint conflict) on June 25, 2012.

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