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(영문) 서울고등법원 2012.12.06 2012노2010
폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)등
Text

The judgment below

The guilty part against the Defendants and the not guilty part against Defendant A, respectively.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (i) misunderstanding of facts or misunderstanding of legal principles does not enter K as described in Section 1-A(b) of the judgment of the court below; ② there was no threat as described in Section 1-E of the judgment of the court below; even if Q received money from Defendant A, it is irrelevant to Defendant A.

B. The sentence sentenced by the court below on the grounds that the sentence of unfair sentencing (two years and six months of imprisonment, two months of imprisonment) is too unreasonable.

B. The punishment sentenced by the lower court (two years of imprisonment) is too unreasonable.

C. Although the prosecutor (i.e., mistake of facts or misapprehension of the legal principle sufficient to prove the not guilty portion of the judgment below, the court below erred by misapprehending the legal principles or acquitted Defendant A and C of part of the facts charged in this case.

B. The sentence imposed by the lower court on the Defendants (Defendant C: Imprisonment with prison labor for one year and six months, and the suspension of execution for three years) is deemed to be too uneasible and unfair.

2. Determination

A. According to the records related to the crime No. 1 in the judgment of ex officio determination (i.e., the guilty part against Defendant A), Defendant A may be found to have been sentenced to a suspended sentence of three years on January 27, 2012 by imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective weapon, injury, etc.) in the Goyang Branch of the Jung-gu District Court on January 19, 2012.

However, the crime of subparagraph 1 in the judgment of conviction against Defendant A was committed in collaboration with Q on September 3, 2010 by threatening the victim S to force the victim on September 3, 2010. This constitutes concurrent crimes under the latter part of Article 37 of the Criminal Act with regard to the crime of violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, Etc. (a collective weapon, etc.) and concurrent crimes under the latter part of Article 37 of the Criminal Act, and the punishment should be determined after considering equity in cases where each of the above crimes is concurrently judged pursuant to Article 39(

However, the Act on Punishment of Violences, etc. of Defendant A in the evidence record.

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