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(영문) 서울고등법원 2019.01.31 2018노2991
폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)등
Text

The judgment below

Of the defendants B, the part of the defendant is reversed.

Defendant

B shall be punished by imprisonment for a period of four months.

Defendant

A’s appeal.

Reasons

The summary of the grounds for appeal (unfair form of punishment) is unreasonable because each sentence (such as imprisonment with prison labor for two years, and imprisonment with prison labor for six months) imposed by the court below on the Defendants is too unreasonable.

Defendant

B withdrawn the remaining grounds for appeal on the third day of this Court.

Judgment

Defendant

A’s sentencing determination on the assertion of unfair sentencing is based on the statutory penalty, based on a discretionary determination made within a reasonable and reasonable scope, taking into account the conditions for sentencing prescribed in Article 51 of the Criminal Act, and there is an area unique to the first instance court in our Criminal Procedure Act, which adopts the trial-oriented principle and the principle of directness.

In addition to these circumstances and the ex post facto nature of the appellate court, if there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Defendant A joined an organization aimed at committing a crime, mediates commercial sex acts ten times, and inflicted bodily injury on Defendant A (hereinafter “victim”) in collaboration with Defendant B, the crime of this case is not less than the nature of the crime, and there are multiple records of having received juvenile protective disposition against Defendant A due to the violation of the Punishment of Violences, etc. Act (joint injury).

Defendant

A Recognizing the instant crime, it is against A’s recognition of the instant crime, and the Defendant A withdraws from the criminal organization after serving a month, and did not perform the leading role, and the victim does not want to be punished by agreement with the victim. The instant crime ought to be judged simultaneously with the crime of violation of the Punishment of Violences, etc. Act (joint confinement) in which judgment became final and conclusive, and to take into account equity with the Defendant A.

As above, Defendant .

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