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(영문) 서울고등법원 2018.09.06 2018노1535
폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)
Text

All appeals filed by the Defendants and the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is that the sentence imposed by the lower court on the Defendants (two years of imprisonment, three years of suspended execution, and 80 hours of community service) is too minor or minor (public prosecutor).

2. The lower court, based on its stated reasoning, sentenced the Defendants to the above-mentioned sentence.

The Defendants’ crime of this case was committed by a criminal organization called “Hm” and is of great harm and danger, and includes activities, such as predicting a state of genetic intercourse with other criminal organizations while carrying a deadly weapon and preparing for it, etc., which are unfavorable to the sentencing alleged by the prosecutor on the grounds of appeal, and the degree of the Defendants’ participation is relatively weak since all of the crimes in this case occurred for about seven to nine years, and the Defendants’ participation is relatively weak, and the Defendants’ activities as an assistant of “Hmm” are committed against the fact that the Defendants were committed as well as the Defendants’ activities as a member of the criminal organization, and are faithful to their family and livelihood, and thus, various circumstances favorable to the sentencing alleged by the Defendants on the grounds of appeal are already determined in the lower court and sufficiently considered.

In light of such circumstances, the degree of participation in the crime is also considered in the sentence imposed on other accomplices similar to the Defendants, and the sentencing of the lower court is neither heavier nor minor than the reasonable scope of discretion, and there is no particular change in circumstances in the sentencing conditions in the trial. Therefore, it is reasonable to respect the sentencing of the lower court on the grounds that there is no particular change in circumstances in the sentencing conditions in the trial.

Therefore, there is no reason to believe that the Defendants or the prosecutor’s argument of sentencing is unfair.

3. In conclusion, the appeal against the Defendants by the Defendants and the public prosecutor is without merit. Thus, the appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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