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(영문) 서울고등법원 2013.03.08 2012노3821
폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)등
Text

The appeal by the Defendants and the prosecutor shall be dismissed respectively.

Reasons

1. Summary of grounds for appeal;

A. The grounds for appeal by the Defendants are too unreasonable that each sentence (two years of imprisonment, one year and six months of imprisonment, and one year of imprisonment) declared by the lower court to the Defendants is too unreasonable.

B. The Prosecutor’s grounds of appeal that the lower court rendered to the Defendants are too unfasible and unreasonable.

2. We examine both the sales inspection and the Defendants’ assertion of unfair sentencing.

The Defendants were aware of the commission of the instant crime, and expressed their will to withdraw from a criminal organization and repeated as a sound social member in the future. Defendant A did not proceed to the actual criminal act in addition to the activities as a member, and did not directly engage in the act of violence in the case of Defendant B and C, and Defendant B did not directly participate in the act of violence, and Defendant B did not have any history of being subject to a suspended sentence or heavier punishment due to an act of violence, etc.

However, since a criminal organization has the characteristic of the organized and continuous combination of many people who have committed a crime, the crime committed by its members far far more scarcity and talks with them than ordinary crimes. For that reason, the general citizens, who are not the direct victim of the crime, feel extreme anxiety and fear due to such crime, and threaten the maintenance and peace of the legal order of the social community. Thus, the crime of violation of the Punishment of Violences, etc. Act (organization of organization, etc.) committed by the Defendants, who joined the criminal organization or acted as its members, needs to be done strictly regardless of whether they actually and specifically harm the general public. In particular, the Defendants’ act was used for attempted murder with the power of the criminal organization, and Defendant A’s act.

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