logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.11.20 2020노1442
범죄단체가입등
Text

The judgment below

Part concerning Defendant A and B shall be reversed.

Defendant

A Imprisonment with prison labor of two years and ten months, and Defendant B.

Reasons

The main point of the grounds of appeal is that the defendant was indicted as a counselor at the Bosing Organization of Bosing, and the court below recognized that the defendant was also the role of recruiting a counselor.

However, the defendant did not play a role in the recruitment of counselors.

The punishment sentenced by the court below on unreasonable sentencing (three years and six months of imprisonment) is too unreasonable.

Defendant

B The punishment sentenced by the court below (two years and six months of imprisonment) is too unreasonable.

Defendant

C Imprisonment (two years and six months of imprisonment) declared by the court below is too unreasonable.

With respect to the assertion of misunderstanding of facts regarding the grounds for appeal, the prosecutor indicted the defendant as a counselor at the Bosing Organization of Bosing. The court below recognized that the defendant was also the role of recruiting a counselor in the grounds for conviction and sentencing against the defendant, and determined the sentence against the defendant.

Comprehensively taking account of the evidence duly examined by the court below, there is doubt that the defendant did not play a role of recruiting counselors, but it is difficult to readily conclude that the above evidence alone played a role of recruiting counselors.

However, according to the above evidence, the fact that the defendant proposed to S and Defendant B to go to China and joined the Bosing Criminal Organization in China as well as the fact that he joined the Bosing Criminal Organization.

As to the assertion of unfair sentencing, the crime of Bosing in this case requires strict punishment against social harm, and the crime is not more likely to be committed due to planned and organized crimes.

The role of the counselor in charge of the defendant is an essential role in the crime of Bosing.

In addition, the Defendant proposed to S and Defendant B to go home to China, and joined the Bosing Criminal Organization in China along with these activities.

There are four times between them and their departure from Korea, and continue to commit the crime.

The victim shall have 13 persons.

arrow