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(영문) 서울고등법원 2014.08.13 2014노1199
폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)등
Text

1. Of the judgment of the court below, the part on the crime of Article 1-A, 3), and 9 of the judgment of the court below as to Defendant A.

Reasons

1. Summary of grounds for appeal (unfair sentencing)

A. The sentence of the lower court to Defendant A (six months of imprisonment, one year of imprisonment and four months of imprisonment) is too unreasonable.

B. The sentence of the lower court against Defendant F (one year of imprisonment) is too unreasonable.

C. The lower court’s sentence (for Defendant E, two and half years of imprisonment and four years of suspended execution, probation, and Defendant F: imprisonment with labor for one year) against the prosecutor E and F is too unfased and unreasonable.

2. Determination:

A. As to Defendant A’s assertion of unfair sentencing, the part 6 months of imprisonment with prison labor for the crime of Article 1-A-1 of the judgment of the court below and Article 1-b of the judgment of the court below, the part 4 months of imprisonment with prison labor for multi-crimes all of the crimes of this case, the Defendant was in the position of simple acting within the criminal organization, and the Defendant is in the position of living as a sound social person in the future, and there was an agreement with the victims regarding the crime of violation of the Punishment of Violences, etc. Act (joint injury) in this part, and the first-A crime of Article 1 of the judgment of the court below constitutes a normal situation favorable to the Defendant, such as the relationship between fraud with the judgment of the court below rendered on January 1, 201 and the concurrent crime of Article 37 of the Criminal Act, which becomes final and conclusive, and the equality between the case to be tried simultaneously.

However, each of the crimes of this case committed by the Defendant as a member of a criminal organization, and led to frequent use of citizens, such as Mymbs, in order to prepare for similar events such as group fighting, etc. by joining the criminal organization aimed at committing violent crimes. As such, citizens seem to feel uneasy and fear. If the criminal organization commits a crime based on organizational status, it may directly and indirectly inflict serious damage on the victims of the crime as well as many citizens. As such, the crime committed as a member of the criminal organization of the Defendant is general.

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