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(영문) 서울고등법원 2013.05.09 2012노4460
폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)
Text

The judgment below

Part concerning Defendant B and D shall be reversed.

Defendant

B Imprisonment with prison labor for the crime of Category 1 (A).

Reasons

1. Summary of grounds for appeal;

A. Each sentence sentenced by the court below to the defendants (one year of imprisonment for each of the defendants A and C, and one year of imprisonment for each of the defendant B: imprisonment for the crime No. 1 of the judgment below as stated in the judgment below, two years and six months of imprisonment for the crime No. 2, 3, 4, 5, and 6 of the judgment below, and two years and six months of imprisonment for each of the defendants) is too unreasonable.

B. Each sentence sentenced by the court below to Defendant A and C is too unhued and unfair.

2. The crime committed by the board organization has the characteristic that it is a systematic and continuous combination of many people who have committed a crime, and the crime committed by its members is much more scarcity and interviewed than ordinary crimes. For that reason, not only the direct victim of the crime but also the general public may feel extreme anxiety and fear due to such crime, and it is serious threat to the maintenance of social community legal order and maintenance of well-being. Thus, the defendants joining the crime organization or acting as its members, regardless of whether it actually and specifically harm the general public, it is highly necessary to do so in itself.

Furthermore, Defendant B interfered with the auction procedure by openly putting the power of a criminal organization in front of the court's auction court prior to the auction court, and interfered with the auction procedure of the court by lawfully threatening a successful bidder of the object of auction, and by getting on and out a patrol boat and a car with the assistance of the police, the force of the organization involved in the crime was overfusing the power of the organization involved in the crime, and thereby threatening the successful bidder. When the member of the organization was arrested for a drunk driving, the police officer was found in the police station, and the police officer in charge was arrested for a drunk driving, and the police officer in charge was assaulted with the police officer in charge of the crime, obstructing his legitimate execution of duties, etc. In the case of Defendant D, the number of victims are about five weeks for minor reasons.

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