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(영문) 서울고등법원 2019.01.30 2018노2881
폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)등
Text

Defendant

All judgment of the court below against A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for a year and eight months.

Defendant .

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year, for one year and six months, for six months, for six months, for the second instance court’s imprisonment with prison labor for a crime of No. 1 as indicated in the judgment of the court below, for eight months, and for four months for a crime of No. 2 as indicated in the judgment of the court below) of the court below against the Defendants are too unreasonable.

2. The judgment of the court of first instance and the judgment of the court of second instance against the defendant was rendered ex officio prior to the judgment on the grounds for appeal by the defendant as to the defendant A, and each of the above two appeals cases was brought to the defendant, and the court of appeal decided to hold concurrent hearings. The first and second appeals against the defendant are concurrent offenses under the former part of Article 37 of the Criminal Act, and one punishment should be imposed in accordance with Article 38(1) of the Criminal Act. Thus, the judgment of the court of appeal cannot be maintained any more.

3. The Defendants made a judgment on the Defendant L and M’s assertion have led to confession and reflect on all of their crimes.

The Defendants do not want to punish the Defendants by mutual consent with the victim AK.

Defendants appear to have not been engaged in full-time activities as a member of a criminal organization, and the crime of violation of the Punishment of Violences, etc. (Composition and Activity of Organization, etc.) of Defendant M shall be taken into consideration the equity between the case of judgment and the case of judgment in the same manner as that of fraud

However, the criminal organization to which the Defendants joined is a member of the criminal organization is likely to commit a crime easily due to its violence and collective nature, and thereby, it may seriously undermine the peace and safety of society. Therefore, it is necessary to strictize joining the criminal organization.

Defendant

L, due to the fabrication of private documents, the defendant M has already completed the execution of imprisonment with prison labor due to fraud, etc., and without being aware of the period of each repeated crime, he has joined the crime organization or committed violence.

3.2

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