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(영문) 서울고등법원 2015.04.02 2015노545
폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the punishment (one year of imprisonment with prison labor for the crimes in paragraphs 1 and 2 of the original judgment and the crimes in paragraphs 3, 4 and 5 of the original judgment) declared by the court below against the defendant is too unreasonable.

2. On May 12, 2014, the Defendant voluntarily attended the Incheon Regional Police Agency’s metropolitan investigation group and agreed to commit all crimes under paragraphs 1, 2, and 3 of the judgment below.

The Defendant recognized all of the crimes of this case, and is against his mistake.

It seems that the defendant's economic benefits from the arrangement of commercial sex acts are not much high.

Since the crime of paragraphs 1 and 2 of the judgment of the court below is one of the concurrent crimes as stated in the first head of the judgment of the court below and the latter part of Article 37 of the Criminal Act, the case of judgment and equity should also

However, criminal organizations have the characteristics of organized and continuous combinations of many people who have committed crimes, and their violence and collectiveity are serious threats to the maintenance of legal order and well-being of social communities by themselves due to their existence.

In particular, the Defendant, a criminal organization, provided a direct opportunity for the Defendant to use violence in group by mobilization of his assistants.

(Crime No. 1 and No. 2 of the judgment of the court below). The defendant employed BD and led the act of arranging sexual traffic as a business owner (the crime of No. 4 of the judgment of the court below). The defendant was jointly with the staff members of the junan-gu electric wave and suffered significant injury to several victims.

(Crimes in Paragraph 5 of the judgment of the court below). The defendant was sentenced to suspended sentence for the first head of the judgment of the court below, and all of the crimes in this case are committed during the period of suspended sentence.

In addition, considering the age, character and conduct, environment, etc. of the defendant and the sentencing guidelines established by the Supreme Court, the sentence imposed by the court below is too unreasonable.

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