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(영문) 서울고등법원 2015.03.27 2014노3332
폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)등
Text

The judgment of the court below and the judgment of the court below are all reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. Each sentence of the lower court (one year and six months of imprisonment, and ten months of imprisonment) against the Defendant based on the summary of the grounds for appeal is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal ex officio.

This Court decided to hold a concurrent hearing of the appeal cases of the first and second original judgment. The defendant's each offense of the original judgment against the defendant is a concurrent offense under the former part of Article 37 of the Criminal Act, and should be sentenced to a single sentence within the scope of the aggravated punishment in accordance with Article 38 (1) of the Criminal Act.

Therefore, in this respect, the above judgment of the court below cannot be exempted from all reversal.

3. In conclusion, the judgment of the court below Nos. 1 and 2 is reversed in accordance with Article 364 (2) of the Criminal Procedure Act without examining the defendant's grounds for appeal, and the judgment of the court below Nos. 1 and 2 is reversed and it is again decided as follows.

Criminal facts

Since the summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding column of each judgment of the court below, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act and Article 4(1)3 of the Punishment of Violences, etc. Act (amended by Act No. 12896, Dec. 30, 2014); Article 329 of the Criminal Act; Article 347(1) of the Criminal Act (amended by Act No. 12896, Dec. 30, 201);

1. From among concurrent crimes, the Defendant, among the concurrent crimes, joined as a member of the organized organization for sentencing the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (aggravating concurrent crimes prescribed in the Act on the Punishment of Violences, etc. (the composition of an organization, etc.). The crime of organized violence is very dangerous due to its violent nature or collective nature, and the organization of violence itself is a good number of persons.

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