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(영문) 광주고등법원(전주) 2020.09.04 2020노107
폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)등
Text

The judgment below

The part against the Defendants is reversed.

Defendant

A Imprisonment for two years, and Defendant B for one year.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (two years and six months of imprisonment) is too unreasonable.

B. The punishment sentenced by the lower court (one year and four months of imprisonment) is too unreasonable.

2. Determination

A. Since Defendant A’s criminal organization claiming unfair sentencing is highly dangerous due to its violence and collective nature, it may easily commit a crime based on the organization’s status, and may cause direct or indirect damage to good citizens or cause fear of apprehensions, and thus, it may seriously undermine social peace and safety, it is also necessary to punish Defendant A’s accession thereto.

Defendant

The crime of violation of A's Act on the Punishment of Specific Injury and Violence, etc. (joint violence) is not good in light of the contents and methods of the crime, the number of victims, etc.

Defendant

A not only has the record of having been punished several times for the same crime, but also has completed the execution of the sentence, but also has committed each of the crimes of this case during the period of repeated crime.

This is an unfavorable condition to Defendant A.

On the other hand, the defendant A recognizes his mistake and reflects his mistake.

Defendant

A does not seem to have any particular circumstance as a member of a criminal organization, but expresses his/her intent to withdraw from the criminal organization.

Defendant

A in the original trial, the victim AC, AD, AE, D, and the trial, all victims do not want to be punished against the defendant A.

During detention, the family members, including the spouse who has completed the marriage report, wanted to be the wife of the defendant A.

This is favorable to Defendant A.

In full view of the aforementioned factors of sentencing, Defendant A’s age, character and conduct, environment, family relationship, motive and background of committing a crime, means and method of committing a crime, and circumstances after committing a crime, etc., the sentence imposed by the court below to Defendant A is too excessive.

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