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(영문) 서울고등법원 2013.09.12 2013노1427
폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below to the defendant (one year and six months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The crime committed by the board organization has the characteristic that it is a systematic and continuous combination of many people who have committed a crime, and the crime committed by its members is much more scarcity and interviewed than ordinary crimes. For that reason, not only the direct victim of the crime but also the general public may feel a serious apprehension and fear of such crime, and it is serious threat to the maintenance of the legal order of the social community and the maintenance of peace. Thus, it is necessary that the defendant join or act as a member of the crime organization itself, regardless of whether it actually and specifically harm the general public.

Furthermore, each of the crimes of this case committed by a person who constituted or joined a group of organized violence crimes (hereinafter referred to as "Japan-gu shot wave"), committed an injury that requires approximately six weeks of medical treatment to the victim in collusion with O, etc. of the above Japan-gu shot wave, and encourage AM to join the above Japan-gu shot wave and to act as a member of the above shot-gu shot-gu shot-gu shot-gu shot-gu shot-gu shot-gu shot-gu shot-gu shot-gu shot-gu shot-gu shot-gu shot-gu shot-gu shot-gu shot-gu shot-gu shot-gu shot-gu shot-gu shot-gu shot-gu shot-gu shot-gu shot-gu shot-gu shot-gu shot-gu s.

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