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(영문) 광주고등법원 2014.05.15 2014노36
폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)등
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the lower court (Defendant A: 2 years of suspended sentence in one year of imprisonment, 2 years of suspended sentence in eight months of suspended sentence, and 2 years of suspended sentence in one year of imprisonment) is too unfluent and unfair.

Judgment

The sentencing guidelines did not refer to the organization activities and interference with business of criminal organizations, etc., which are the main basic crimes of the instant case, since the sentencing guidelines are not set.

The fact that a crime committed by a member of a criminal organization needs to be punished more strongly than an individual criminal act is an unfavorable sentencing factor against the Defendants.

However, the criminal facts against the Defendants do not show the external status of the organization, but rather do so at the inside of the organization members. Defendant B interfered with N's work by revealing the organization's status together with the victim N's employees, Defendant A interfered with N's work by revealing the organization's status. The Defendants did not assault other organization members in the process, the degree of the Defendants did not work as a member of Lonedosm wave, and the crime of Paragraph 1 of this Article against the Defendants was about seven years. The Defendants were at the time of Lonedosm wave's nuclear trial. The Defendants are at the time of Lonedosm wave's current operation and are at the time of their own life.

In light of the fact that the Defendant B was not injured or injured, the equity should be taken into account when the judgment was rendered at the same time with the crimes specified in the criminal records at the time of original adjudication, and other circumstances revealed in the pleadings of this case, such as the Defendants’ age, character and conduct, family relationship, environment, motive and consequence of the crime, and circumstances after the crime, the sentence of the lower court cannot be deemed unfilled.

In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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