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(영문) 부산고등법원 2013.12.19 2013노542
폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the various sentencing conditions in the instant case, the sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.

B. In light of the various sentencing conditions of the Prosecutor’s instant case, the sentence imposed by the lower court is too uneasible and unreasonable.

2. As a factor of sentencing unfavorable to the defendant, a violent crime organization is not only in itself dangerous due to its violence or collective nature, but also in cases of committing violence and crime based on the organization’s status, it gives a direct and indirect harm to the good majority of citizens, and is different from a general criminal act, such as physical fighting or violence, which occurs individually in terms of creating a sound social apprehension, and there is a need for strict diversification in light of the risk. Each of the crimes of this case also committed each of the crimes of this case is an act committed by the defendant as a member of the organization of the 20th century, and it was not agreed with the victims.

The sentencing factors favorable to the defendant include the fact that the defendant confessions all of the crimes of this case, the defendant must consider equity with the case of concurrent judgment with the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Kidnapping and Inducement for Profit) of the Criminal Power of this case as stated in the judgment of the court below, and the structural behavior factors of the organization where the order is determined according to the age is merely an organizational behavior factors (90 years) and it appears that the simple participation is made by the direction of the

In full view of the aforementioned factors of sentencing and other factors of sentencing indicated in the argument of this case, such as the Defendant’s age, character and conduct, and family relationship, it is not recognized that the sentence of the lower court against the Defendant is deemed reasonable, and is too heavy or unreasonable.

Therefore, the defendant and prosecutor's argument of unfair sentencing is without merit.

3. Conclusion, the defendant and the prosecutor.

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