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(영문) 서울중앙지방법원 2020.08.21 2020노1572
범죄단체가입등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

2 million won shall be additionally collected from the defendant.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (two years of imprisonment, additional collection) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The Defendant’s instant “Singing” crime requires strict punishment due to the planned and organized crime, and the nature of the crime is not weak.

The role of the counselor in charge of the defendant is an essential role in the crime.

However, the attitude of the defendant to recognize and reflect the crime is shown.

The duration of participation in the crime is relatively short, and there are not many benefits that have been acquired directly by the crime.

The court below did not want the punishment of the defendant in consultation with the victim AK in the victimN and the party trial.

There shall be no criminal records except punishment once by a fine.

In full view of other circumstances that are the conditions of sentencing as shown in records and arguments, the sentence imposed by the court below against the defendant is too unreasonable.

Defendant’s assertion is with merit and prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the appeal by the prosecutor is without merit, and is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act (Provided, That the judgment of the court below is reversed since the defendant's appeal is accepted and reversed as follows, and the defendant's appeal is with merit, and the judgment below

Criminal facts

The summary of the facts charged and the evidence admitted by the court are as shown in each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act, Articles 114 and 347(1) of the Criminal Act (abstinence and activities of a criminal organization), Articles 347(1) and 30 of the Criminal Act, and choice of imprisonment for a crime;

1. Aggravation for concurrent crimes;

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