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(영문) 수원고등법원 2020.11.27 2020노604
폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the court below (one year of imprisonment) is too unreasonable.

2. The lower court determined that the degree of social harm and injury caused by a crime committed by a criminal organization is much more than that of an individual’s crime, and that a sound social apprehension is created, and thus, the Defendant should be held liable for strict liability. The Defendant was sentenced to imprisonment with prison labor for an violent crime and the execution of the sentence has not yet been completed, and thus, committed the instant crime, etc., which is disadvantageous to the Defendant: Provided, however, the Defendant was able to not repeat the crime in the future while recognizing and opposing the Defendant’s mistake, and the Defendant was actually not taking place as a collective violence, taking into account the circumstances favorable to the Defendant.

There is no change in circumstances that may vary in the sentencing of the court below even when the court below was in the first instance, and considering all the conditions of sentencing as shown in the instant case, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., it cannot be deemed that the sentence (the lowest punishment under the law) imposed by the court below is too unreasonable.

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

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