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(영문) 부산고등법원 2016.09.21 2016노362
폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court’s sentence against the Defendant (one year and six months of imprisonment) is too unreasonable.

B. The sentence imposed by the lower court on the Defendant by the Prosecutor is too unhued and unreasonable.

2. The circumstances favorable to the defendant include: (a) the defendant recognized all of the instant offenses; (b) the defendant did not directly exercise violence against the victims; (c) the victims expressed their intent not to have the offender punished in the relevant case against the accomplices; (d) the defendant separately agreed with the victim AH and deposited one million won for the victim AG; and (e) the fact that the defendant has a family member to support the defendant.

On the other hand, a crime that is planned and organized by a criminal organization or group is more serious than a crime that is personally committed, and in light of its risk, a serious punishment is needed regardless of whether the general public actually and specifically damaged the crime.

When comprehensively taking into account the aforementioned circumstances, the degree of the defendant's participation in the crime, equity in punishment against accomplices, age, career, sex, environment, motive and background of the crime, method and consequence of the crime, and the circumstances after the crime, etc., the court below's sentence against the defendant was too heavy or unfasible to the discretion in sentencing.

It does not appear.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.

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