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(영문) 서울고등법원 (춘천) 2018.11.07 2018노82
폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)등
Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for two years.

except that this judgment.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two years of imprisonment by each of the Defendants) is too unreasonable.

2. Determination

A. Under the Act on Punishment of Violences, etc. at a common disadvantage, a crime organization under the Act on Punishment of Violences, etc., and so-called “breadth” is a serious threat to society by itself in light of such violence performance and collective nature.

In particular, if a member of a criminal organization commits a crime on the basis of the organization's consolation, it may cause serious damage to good citizens and bring about extreme social anxiety.

In particular, since Fmb has been formed and newly established around June 26, 201, it became a violence organization of DF in Chuncheon area, it has been considerably threatened with public security by infringing the interests of existing private enterprisers and causing large and small violence cases by monopoly of various interest sphere projects. Therefore, in order to make such a crime organization impossible to reorganize, it is necessary to severely punish the Defendants.

B. A concrete judgment 1) The fact that Defendant A recognized all of the crimes, the victim of a special assault does not want the punishment of Defendant, and in particular, there is room to consider equity in the case where the crime of this case and the crime of single concurrent crimes after Article 37 of the Criminal Act have been adjudicated at the same time, and it seems that it was difficult for Defendant A, who was born in 1981, to exercise a large influence in its organizational activities in light of the Fmmbur order, which set the order of the lower age, was difficult. The need to consider the balance of punishment with other assistant employees, who have higher numbers than Defendant, is favorable to Defendant.

In addition to these circumstances, in full view of all the factors of sentencing, including the Defendant’s age, sex, environment, and the background and result of the instant crime, the sentence imposed by the lower court is too unreasonable, and thus, the Defendant’s argument of sentencing is unreasonable.

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