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(영문) 광주고등법원 (전주) 2020.04.03 2019노275
폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and two months of imprisonment) is too unreasonable;

2. The Defendant recognized and reflected the instant crime.

The defendant is the first offender.

These circumstances are favorable to the defendant.

On the other hand, criminal organizations have the risk of easily committing crimes due to their violence and collective nature, and thereby may seriously undermine the peace and safety of society. Therefore, crimes related to criminal organizations need to be strict.

Although the victim was injured due to the crime of injury in this case, the defendant was unable to reach an agreement with the victim.

These points are disadvantageous to the defendant.

In full view of all the favorable circumstances and unfavorable conditions for sentencing prescribed in Article 51 of the Criminal Act, it cannot be deemed that the sentence imposed by the court below is too unreasonable to the extent that the sentence imposed by the defendant exceeded the reasonable scope of discretion.

Therefore, Defendant’s assertion of unfair sentencing cannot be accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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