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(영문) 인천지방법원 2020.02.13 2019고합582
폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

B From 1989, it is a violent crime organization organized with the purpose of acquiring the initiative from the Incheon Regional Violence World and securing economic benefits by participating in various interests by taking advantage of the main import basis of entertainment establishments, entertainment rooms, etc. of the Michuhol-gu, Michuhol-gu, Incheon.

On March 2018, the defendant was recommended to join B from the adult PC room located in the Seo-gu, Incheon, Seo-gu, Incheon, to join B by means of personnel participation in D, E, F, etc. on the job.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each protocol of examination of a suspect against F, C, G, H, I, E, and J;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to related cases recognized that B is a criminal organization);

1. Article 4 (1) 3 of the Punishment of Violences, etc. Act concerning a crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Grounds for sentencing under Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act;

1. The scope of applicable sentences by law: Imprisonment for one year to 15 years; and

2. Scope of the recommended sentencing criteria: The sentencing criteria are not set for the crimes of violation of the Punishment of Violences, etc. Act (organization and activity of organizations, etc.).

3. Determination of sentence: Imprisonment with prison labor for one year and six months, suspended execution for three years, and probation organizations are in danger by themselves due to violence and collective nature, and when they commit violence and property crimes based on organization's status, they shall cause serious damage directly or indirectly to the majority of citizens and create apprehensions in sound society;

Therefore, it is necessary to strictly punish the defendant who has joined as a member of the crime organization B.

However, the defendant has led to the crime of this case, and is below the executive level within the criminal organization.

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