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(영문) 대전지방법원 2018.10.26 2018노1315
폭력행위등처벌에관한법률위반(우범자)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (three years of imprisonment) is too unreasonable.

2. The crime of organized violence organizations, such as the instant case, is likely to result in a serious risk due to the collective nature of violence, and may easily lead to a crime based on organizational status, and may seriously undermine social peace and safety, such as causing a large number of citizens to suffer direct or indirect damage or fear.

In order to take retaliation against hostile violence organizations, the defendant, who has a high heat in the violent organization, has ordered the members to commit the crime, such as encouraging violence to be committed.

Many organizational members have carried dangerous articles such as camping-gu gates, hump bars, hump pipes, etc., colored the target of retaliation, prevented the victim from escaping, and at the same time, suffered injury that requires 9 weeks of medical treatment as dangerous articles after discovering the victim.

The method of crime is very frequent, cruel, and serious result of injury.

Not only during the period of repeated crimes but also during the period of suspension of the execution of the same special assault crime, the defendant committed the crime of this case.

However, the defendant does not want to be punished against the defendant by mutual agreement with the victim after the judgment of the court below was rendered.

The defendant is recognized as committing his crime for the first time and is against the law.

Although the Defendant, after committing the instant crime, urged the worship staff to commit the crime, he did not directly participate in the act of commission.

G, E, I, and H among the accomplices who participated in the act of committing the instant crime, the two-year imprisonment, F, D, and C were sentenced to three-year imprisonment, and other lighting staff members in the same order as the Defendant were subject to suspension of indictment.

In determining the sentence against the accused, the details of the prosecution's disposition and the equity with the punishment should also be taken into consideration for the investigation staff related to this case.

2.2.2

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