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(영문) 광주고등법원 (전주) 2017.10.31 2017노134
폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year and four months of imprisonment with prison labor for crimes Nos. 1 and 2 in its holding and for crimes Nos. 3 through 7 in its holding) is too unreasonable.

2. The Defendant, as a staff member of HP, was aware of the fact that he was assaulted by the members of a competitive violent crime group, and was engaged in activities to prepare for violence, such as gathering with a view to a view to retaliationing against the members of the group of violent crimes. The Defendant, in collusion with the members of the group of female-child groups, who were faced with the operation of a motor vehicle, inflicted injury on three victims by jointly driving the motor vehicle at the end of the time and the end of the time. While driving the motor vehicle under the influence of alcohol without a driver’s license, the Defendant: (a) driven the motor vehicle while driving the motor vehicle while driving the motor vehicle in a difficult condition to drive in a normal condition; (b) damaged the two victims by the central line; and (c) operated the motor vehicle that

The circumstances are that the defendant did not actually proceed to violence in relation to the activities of violent crime groups, the defendant also was assaulted by the victim at the time of the crime of joint bodily injury, and was hospitalized at the hospital due to traffic accident, and the defendant seems to have committed all the crimes and against the mistake.

However, a violent crime organization may exert a negative impact on society, such as the method or result of a crime, etc. due to multiple psychologys, and thus, it is necessary to eradicate it in terms of creating social unstables, based on the organization's status. Although the defendant had a record of criminal punishment for violent crimes, he exercised considerable violence against the victims on the ground that there was a minor vision with the victims of joint bodily injury, the degree of injury of the victims is not easy, and the victims are the victims.

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