All appeals by the Defendants are dismissed.

The summary of the grounds for appeal (unfair punishment) that the court below sentenced (one and half years of imprisonment with prison labor, and one year of imprisonment with prison labor) is too unreasonable.

Judgment on the Grounds for Appeal

A. Based on the statutory penalty, the sentencing is determined within a reasonable and appropriate scope by comprehensively taking into account the factors constituting the conditions for sentencing prescribed in Article 51 of the Criminal Act, based on which our Criminal Procedure Act, which takes the trial-oriented principle and the principle of directness, has a unique area of the first instance trial in determining the sentencing.

In addition to these circumstances and the ex post facto nature of the appellate court, if there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Meanwhile, a criminal organization’s act of joining a criminal organization seriously needs to be punished on the grounds that, in the event it commits a crime based on its violent nature or collective nature, there is a risk that it may easily lead to a crime, and the existence itself is causing serious threat to the maintenance of the legal order and security of the social community, and that, in the event it commits a crime based on its organization’s status, it causes a large number of victims directly or indirectly injury.

B. We examine Defendant A’s assertion of unfair sentencing.

Defendant

A, while joining a criminal organization, recommended a criminal organization to join a criminal organization, and furthermore, organized violence is committed, and committed a crime that threatens a debtor or assaultss a citizen with other person's intent, and the criminal liability is not somewhat weak.

However, the defendant A has divided his mistake and led all of the crimes, and most of the victims of joint assault expressed their intention not to punish the defendant, and the victim AE expressed their intention not to punish them.