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(영문) 광주고등법원 2017.06.15 2016노473
폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)등
Text

The guilty portion of the judgment of the court below of the second instance is reversed.

Defendant

Punishment for BI shall be determined as one year and six months.

Defendant .

Reasons

1. Progression of litigation and scope of adjudication;

A. After the process of a lawsuit, Defendant A appealed the lower court’s judgment No. 2016 No. 473, and Defendant A appealed the lower court’s judgment No. 2017 No. 47, and the lower court decided to jointly deliberate on each appeal case.

B. The lower court dismissed the prosecution on the ground that the victim withdraws his wish to punish Defendant BI after instituting an indictment regarding assault among the facts charged in the instant case.

In this regard, since the prosecutor did not appeal against the dismissal part of the above indictment, the dismissal part of the indictment was separated and confirmed as it is, and excluded from the scope of the adjudication of this court.

2. The summary of the grounds for appeal asserts that Defendant A’s punishment of the first instance judgment (a prison term of two years and six months), Defendant BI argues that the punishment of the second instance judgment (a prison term of two years) is too unreasonable due to each of the two-year judgments (a prison term of two years), and that the prosecutor asserts that the above punishment of the lower judgment is too uneasible and unfair.

3. Determination

A. There is no change in the sentencing conditions compared with the lower court’s judgment on the prosecutor’s unfair argument of sentencing on Defendant A and Defendant A, and where the lower court’s sentencing does not deviate from the reasonable scope of discretion, it should be respected (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). It is highly necessary to strictly punish and eradicate the act of joining a criminal organization. The Defendant carried dangerous objects over several times during the short period from May 2015 to June 2016, or jointly assaulted, threatened, threatened, injured, injured, detained, or interfered with the two or more persons. A traffic accident occurs while driving a motor vehicle that was not covered by a comprehensive motor vehicle insurance for automobiles, and when it was discovered that the driver was drunk while driving a drinking, in light of the circumstances, details, etc. of the criminal act, such as the driver’s statement, etc., prepared by stealing by stealing another person’s name.

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