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(영문) 대구고등법원 2015.12.17 2015노466
폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)
Text

1. The part concerning Defendant D among the judgment below is reversed.

2. Defendant D shall be punished by imprisonment for two years;

3. The defendant.

Reasons

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence that the lower court sentenced the Defendants (Defendant A, B, E, and F: one year and six months of imprisonment, three years of suspended execution, one year and six months of imprisonment, and two years and six months of imprisonment) is deemed to be too unfasible and unfair.

B. The sentence imposed by the lower court against Defendant C, C, and D is too unreasonable.

2. The judgment body has a high possibility of criticism in that it commits violent crimes using force of an organization as a means of means of pursuing economic benefits without any awareness of any particular crime, seeks economic benefits through the exploitation of violence against the general public, the intervention of interest, and the operation of illegal businesses. If a member of a crime body commits various crimes on the basis of the organization’s status, it leads not only the direct victims of the crime, but also to the majority of citizens, and disturbs legal order.

In particular, in order to prepare for fighting with other violent organizations and oversee the status of the organization, it is necessary to strictly punish 40 trillion staff members in preparation for blades and camping nets, etc. according to the emergency communication system, in that the act of gathering 40 or more staff members in a specific place could be seen as collective fighting in a large scale and may cause huge damage and danger.

In addition, Defendant C not only had been punished several times for violent crimes in the past, but also had been sentenced to imprisonment on September 7, 201 due to the violation of the Punishment of Violences, etc. Act (collectively, deadly weapons, etc.) on September 7, 201, but also committed the instant crime during the period of repeated crimes.

In addition, Defendant D was sentenced to one year of imprisonment for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) on March 10, 2009, and two years of a suspended sentence, and three months of a suspended sentence has not passed since it was sentenced to two years of a suspended sentence, and thus, Defendant D was systematically and systematically sharing the roles with many accomplices.

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