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(영문) 광주고등법원 2015.04.02 2015노33
폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)등
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the punishment (a fine of KRW 5 million is imposed on the Defendants, and a fine of KRW 2 million is imposed on Defendant D) declared by the lower court against the Defendants is too uneasible.

2. Determination

A. Defendant B et al. committed by Defendant B et al. with Defendant B et al. on four occasions and the amount of damage exceeds KRW 6 million in total, and the fact that Defendant B did not agree with the victims is disadvantageous to the above Defendant.

On the other hand, Defendant B’s mistake is divided in depth, the degree of participation in Defendant B’s crime is relatively minor, Defendant B is working in a security enterprise after divorce, and Defendant B supports her child (six years of age) and her mother while working in a security enterprise, and where imprisonment is sentenced, it is inevitable to dismiss Defendant B from the security enterprise. The fact that Defendant B has no same kind of criminal history as that of the above Defendant B is favorable to the above Defendant.

In full view of the above circumstances and other conditions of sentencing, such as the above defendant’s age, character and conduct, environment, circumstances leading to each of the instant crimes, and circumstances after the crime, the sentence imposed by the court below to the defendant B is too unjustifiable.

B. Although Defendant D’s criminal records of the same kind are one time, the number of Defendant D’s errors is limited to one time, and the degree of participation in the crime is relatively minor, in full view of the favorable circumstances such as the above Defendant’s age, character and conduct, environment, circumstances leading to the instant crime, and circumstances after the crime, etc., the sentence imposed by the lower court against Defendant D cannot be deemed to be too unreasonable.

3. Since the appeal against the Defendants by the prosecutor of the conclusion is without merit, all of the appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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