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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 광주고등법원 2014.05.01 2013노530
폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

Although the defendant does not have joined the F, which is a criminal organization, the court below erred by misunderstanding facts, which affected the conclusion of the judgment.

The sentence of unfair sentencing (one year and six months of imprisonment) by the lower court is too unreasonable.

Judgment

According to the judgment of the court below and the evidence duly adopted and the court of the trial completed the investigation, the defendant can sufficiently recognize the fact that he joined the F, a criminal organization. Therefore, the defendant's assertion on this is without merit.

Joint assault [Determination of Punishment] - General Injury [Special Aggravation of Punishment] to U as to the argument on the assertion of unfair sentencing - General Injury (Special Aggravation of Punishment): In cases of committing a crime by the threat of organization or multiple groups, or carrying a deadly weapon or other dangerous articles [the scope of recommendation] increased, six months to two years [whether suspended sentence is suspended] major reasons: Joint assault to R [Special Assault] - General Violence [Determination of Punishment] - Where a person commits a crime by the threat of organization or multiple groups or by carrying a deadly weapon or other dangerous articles, or has committed a crime by carrying a deadly weapon or other dangerous articles] committed by carrying a deadly weapon or other dangerous articles [the scope of punishment] as to whether the person has committed a crime by the threat of organization or multiple groups or by carrying a deadly weapon or other dangerous articles [the scope of punishment] increased, four months to one year [the major reasons for suspension of execution of sentence], in cases where the person has committed a crime by carrying a threat of force of organization or multiple groups, or by carrying a dangerous weapon or other dangerous articles].

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