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Defendant
All A and prosecutor appeals are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The lower court’s punishment against Defendant A (two years of imprisonment) is too unreasonable.
B. Each sentence of the lower court against the Defendants by the prosecutor (two years of imprisonment, one year of suspended sentence, two years of imprisonment, two years of suspended sentence, three years of suspended execution, three years of surveillance, observation of protection, community service order 180 hours, Defendant F: imprisonment for six months of suspended execution, one year of suspended execution, one year of surveillance, observation of protection, and one community service order 90 hours) is deemed to be too unreasonable.
2. Determination
A. Defendant A voluntarily joined a criminal organization aimed at committing violent crimes; Defendant A used golf loans, etc., which are dangerous objects by collecting staff members of the “Jmmm”; Defendant A was punished and led by group fighting with other violent organizations; Defendant A’s organization may engage in a crime with heavy risk due to its collective nature and collective nature; Defendant A may engage in such crime easily based on the organization’s status; and thereby, Defendant A may seriously undermine social peace and safety, such as causing direct or indirect harm to the majority of citizens; thus, Defendant A’s criminal act related to the activities of the criminal organization ought to be strictly punished to eradicate such crime; on the other hand, Defendant A considered that the victims do not want punishment in agreement with the victims.
The sentencing conditions set forth by the lower court and the period during which Defendant A joined the “J” was shorter than the period during which Defendant A joined the instant criminal organization than the other Defendants except Defendant F (Defendant A joining the instant criminal organization on January 2, 2015, Defendant B, and C joining the said organization on June 2, 2016, respectively, and Defendant D and E joining the said organization on August 2, 2016). In order to meet the aquatic heat, Defendant A calls call to H, which is the cause of the organization of other violent organizations, and then gather the members of the instant group on the spot.