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(영문) 수원고등법원 2020.09.11 2020노483
폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year, two years of suspended execution, and probation) of the lower court is deemed unreasonable.

2. The fact that the defendant had already been punished as an act of violence prior to the crime of this case, and the criminal organization that the defendant joined has the risk of easily going to commit a crime due to its violence and collective nature, and thereby, it may undermine social peace and peace. Therefore, the defendant's act of joining the criminal organization is disadvantageous to the defendant.

On the other hand, the fact that the defendant recognized all of his criminal acts, and the defendant was sentenced by the Suwon District Court on May 28, 2019 to imprisonment with prison labor for a special injury on the grounds of special injury, etc. on October 25, 2019, and the judgment became final and conclusive on October 25, 2019, it is necessary to consider equity with the case to be ruled at the same time. The fact that the defendant did not seem to have performed the leading role in the crime of crime among the criminal facts in this case, and that he did not directly perform

In light of these circumstances, there is no change of circumstances that may change the sentence of the lower court in the trial, and the overall conditions of sentencing indicated in the records, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, it cannot be deemed that the sentence imposed by the lower court is excessively unjustifiable and unreasonable.

3. Conclusion, the prosecutor's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act.

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