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(영문) 대법원 2020.04.29 2020도953
폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the grounds of appeal by Defendant A, B, C, and D, the lower court convicted Defendant A, B, C, and D of the violation of the Punishment of Violences, etc. Act (the organization activity of an organization, etc.) due to the activities of a criminal organization, on the grounds as stated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the establishment of a crime of violation of the Punishment of Violences, etc. Act (Organizational Activity of Organizations, etc.) and commercial concurrence

2. As to the grounds of appeal by Defendant E, the lower court convicted Defendant E of the violation of the Punishment of Violences, etc. Act (Organizational Activity of Organizations, etc.) from among the facts charged against Defendant E.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the establishment of a crime of aiding and abetting in violation of the Punishment of Violences, etc. Act (Composition of Organizations, etc.

In addition, the argument that the judgment of the court below is erroneous in the determination of sentencing and sentencing is ultimately an unreasonable sentencing argument.

However, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on Defendant E, the argument that punishment is too unreasonable is not a legitimate ground for appeal

3. On the grounds of appeal by Defendant F, the lower court, on the grounds as indicated in its reasoning, has made special assault and intimidation among the facts charged against Defendant F.

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