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(영문) 서울고등법원 2018.04.13 2017노3355
폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the Defendants (two years of imprisonment and six months of suspended sentence, four years of suspended sentence, two years of imprisonment and six months of suspended sentence, and four years of suspended sentence) are too unfasible and unfair.

2. The lower court determined that: (a) under the unfavorable circumstances, Defendant B committed a serious threat to the maintenance of the legal order of social communities and peace by itself due to violence or collective nature; (b) inasmuch as there is a need to strictly punish the act of joining a criminal organization; (c) Defendant A committed a violence or property crime directly or indirectly against the good citizens; (d) committed an act of joining a criminal organization; (e) committed an assault against the victims directly and indirectly by gathering victims who are members of the group; and (e) detained the victim CH who is a dangerous object after the intent to prevent the withdrawal of the criminal organization; (e) committed an act by the Defendant B as a member of the criminal organization; and (f) committed an assault with the victims who are members of the group; and (f) committed an act of violence by the Defendants directly and indirectly based on the status of their organization; and (e) committed an act of violence or property crime committed by the Defendants; and (f) did not appear to have been determined by the lower court, taking into account the circumstances favorable to the Defendants, the Defendants did not have any specific criminal intent or punishment after the judgment.

The sentencing of the lower court is sufficiently consistent with the above various circumstances.

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