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(영문) 광주고등법원(전주) 2020.12.09 2020노162
폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The gist of the grounds for appeal is that the respective punishment of the lower court (one year of imprisonment with prison labor for Defendant A, and ten months of imprisonment with prison labor for Defendant C) is too unreasonable.

2. Determination

A. Defendant A acknowledges and reflects each of the instant crimes, the contents of Defendant’s activities as an assistant of a criminal organization are not confirmed, and the fact that Defendant was the initial offender is favorable to the Defendant.

On the other hand, a criminal organization needs to strictly punish only by joining a criminal organization because of its degree of danger due to its violence and collective nature, and the defendant has inflicted an injury on three victims in collaboration with accomplices, which is not good in the nature of the crime. Nevertheless, the defendant did not recover from the victims, and the victims want to punish the defendant.

As above, considering comprehensively taking into account the sentencing conditions stipulated by Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, motive and means of crime, and consequence, as well as the circumstances favorable to the Defendant, and in addition to the fact that no particular change of circumstances is found in relation to the sentencing conditions after the sentence of the lower judgment, it cannot be deemed that the sentence imposed by the lower court is too unreasonable to the extent that it is deemed that the sentence imposed by the Defendant exceeded the reasonable scope of discretion.

Therefore, Defendant’s assertion of unfair sentencing cannot be accepted.

B. Defendant C’s recognition of and reflects on each of the instant crimes, and the victims’ injury cannot be seen to be relatively heavy, and the fact that the Defendant was the first offender is favorable to the Defendant.

On the other hand, the defendant inflicted joint injury on three victims, and inflicted an injury on two victims. Each of the crimes of this case was committed on the ground that the victims were deadly treated as the first victims, and the injury was inflicted on the other victims.

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