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A defendant shall be punished by imprisonment for one year.
Reasons
Criminal facts
[Criminal Power] On September 14, 2018, the Defendant was sentenced to imprisonment for one year and six months with prison labor at the Daegu District Court, and the said judgment became final and conclusive on November 16, 2018.
【Criminal Facts】
B Organizations are organized for the purpose of securing economic benefits by taking the lead rights of the Busan regional violence world based on the main import of entertainment establishments in the region, such as the Seo-gu, Seo-gu, Busan, the Do-gu, the Do-dong, the Do-dong, the Si-dong, the Si-dong, the Si-dong, the Si-dong, the Si-dong, the Si-dong, the Si-dong, the Ku-dong, the Ku-dong, the Ku-dong, the Ku-dong, the
On September 3, 2012, the Defendant, who was recommended to join B organizations in the vicinity of D in Busan-gu, Busan-gu, to join the B organization, expressed his/her intent to join the B organization, and then was recommended by F and other members of B organizations to join the B organization. On April 3, 2017, the Defendant, upon receiving a proposal to act as a member of B organization in full-time at the H coffee shop located in Busan-gu, Busan-gu, he/she joined the B organization in order to join the B organization on May 2017.
Summary of Evidence
1. Defendant's legal statement;
1. Each prosecutor's protocol of statement against M and J;
1. Report of investigation (No. 1,5, 17, 19, 25) and each attached letter, report of organization guidance and a copy of each judgment;
1. Previous convictions in judgment: Criminal records, investigation reports (No. 21) and copies of judgment attached thereto;
1. Article 4 (1) 3 of the Punishment of Violences, etc. Act concerning a crime;
1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;
1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing)
1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to 15 years;
2. Non-application of the sentencing criteria: The offense of violation of the Punishment of Violences, etc. Act (organization and activity of organizations, etc.) shall not be set the sentencing criteria.
3. Determination of sentence: Imprisonment with prison labor for a year, the relevant organization of crime shall be deemed to be violence or collective;