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(영문) 광주고등법원 (전주) 2018.10.23 2018노51
폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)등
Text

Of the judgment of the court below of first instance, the part concerning Defendant A and B and the judgment of the court below 2 and 3 shall be reversed, respectively.

Defendant

A. Imprisonment.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower judgment against Defendant A (the first instance judgment: imprisonment with prison labor for 1 year and 6 months, and the third instance judgment: imprisonment with prison labor for 6 months) is too unreasonable.

B. The sentence of the lower judgment against Defendant B (the first instance judgment: imprisonment with prison labor for a year and June, and the second instance judgment: imprisonment with prison labor for a period of ten months) is too unreasonable.

(c)

Defendant

C and D Defendants’ punishment (one and half years of imprisonment, three years of suspended execution, three years of protection observation) is too unreasonable.

(d)

It is unfair that the first decision-making sentence against the prosecutor's defendants is too unhued and unfair.

2. We examine the defendants' appeal of the defendant A and B and the prosecutor's appeal of the defendant A and the prosecutor's appeal of the defendant A and B ex officio prior to the judgment on the reasons of the appeal

The judgment of the court of first instance and the judgment of the court of first instance rendered against the Defendants, and the Defendants and the Prosecutor filed an appeal against the judgment of the court of first instance against the judgment of the court of first instance, and the judgment of the court of second instance filed an appeal against the judgment of the court of second instance, respectively, and the court of second instance decided to jointly examine all the appeals cases

However, among the judgment of the court of first instance, the part against Defendant A and each of the crimes indicated in the judgment of the court of first instance, and the part against Defendant B among the judgment of the court of second instance on the judgment of the court of second instance, and each of the crimes indicated in the judgment of the court of second instance, are concurrent crimes as defined in the former part of Article 37 of the Criminal Act, and a single sentence should be imposed at the same time pursuant to

Therefore, the part of the judgment of the court of first instance against the Defendants and the judgment of the court of first instance cannot be maintained as they are.

3. Defendants C, D’s appeal and prosecutor’s appeal against Defendant C, C, and D were under contact with the O staff A belonging to the criminal organization to which they belong, and arrive at the scene where A and B are fighting with the Imb staff, and assaulted the victim by taking part of the camping network to A and B, and then assaulting the victim.

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