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(영문) 서울고등법원 2014.12.11 2014노2838
폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)등
Text

The part against Defendant A in the judgment of the first instance court shall be reversed.

Defendant

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

(2).

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles, Defendant A, in a systematic manner, stored and sold pseudo petroleum in Gmpha, a criminal organization. The Defendant participated in the crime as a member of the organization and shared part of the act of execution. Ultimately, the first instance court, which recognized the liability of the Defendant as an accomplice only for the gas station that was directly managed by the Defendant, even though the Defendant was liable for the entire crime, erred by misapprehending the legal principles on the scope of the accomplice.

B. The punishment sentenced by the first instance court of unfair sentencing (Defendant A: one year and six months of imprisonment, three years of probation, three years of the community service order, 120 hours of the community service order, Defendant B: three years of imprisonment with prison labor, one year of probation, three years of the probation, and 240 hours of the community service order) is too uneasible and unfair.

2. Judgment on misconception of facts or misapprehension of legal principles

A. The first instance court held that ① Defendant A comprehensively managed the entire gas station operated by Gmph, unlike N, X, AB, AH, etc.

Since Defendant A does not play a role in collecting taxes against all or a gas station, it cannot be deemed that Defendant A was involved in the gas station operated by Gm. ② Defendant A stated that Defendant A performed an act in BJ stations, BK stations, etc., but Defendant A stated that Defendant A performed an act in the gas station, BK stations, etc., and the attached list of crimes is below the attached list of crimes in the first instance judgment, and the attached list of crimes shall be invoked in the attached list of crimes in the first instance judgment.

The expression "the first instance judgment" is omitted.

2 No statement was made that Defendant A was working at each gas station as stated in the 2nd above, and AC and BS did not specifically state that Defendant A was working at a gas station, but did not state what kind of gas station it used. X, AC, and BS stated that Defendant A was responsible for managing the employee while returning to the gas station, but it did not state specific.

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