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(영문) 대전고등법원 2013.05.13 2012노538
폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)등
Text

1. Of the judgment of the court of first instance, the part against Defendant T, U, and A, the judgment of the court of second instance, and the judgment of the court of third instance, Defendant A.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor’s sentencing (two years of imprisonment, one year of suspended sentence, two years of imprisonment, one year of suspended sentence, one year of imprisonment, one year of imprisonment, six months of imprisonment, six months of suspended sentence, and two years of suspended sentence against the Defendants on the grounds of unfair sentencing by the prosecutor (two years of imprisonment, two years of suspended sentence, one year of imprisonment, one year of imprisonment, six months of suspended sentence, and two years of suspended sentence) is too unreasonable and unfair.

B. The misunderstanding of facts as to Defendant T and A’s criminal organization and the timing of formation, or the misunderstanding of legal principles, is not a criminal organization provided for in Article 4 of the Punishment of Violences, etc. Act, but a criminal organization, such as the fact-finding strike, which was claimed by the prosecutor around June 21, 2007, is not a criminal organization.

C. Defendant T or A’s assertion of misunderstanding of facts or misapprehension of legal principles as to whether Defendant T or A’s activities are criminal organizations or not, by exercising the power of criminal organizations, it is difficult to deem that such activities were conducted to continue, maintain, and strengthen criminal organizations.

Defendant

He was unaware of the fact that he was a criminal organization at the time of joining the truth-finding process of U.S.

E. Defendant B’s assertion of mistake of facts by Defendant B was unilaterally assaulted by K and Defendant A, and there was no assault by the said Defendants.

G. The lower court’s sentencing on the Defendants’ assertion of unreasonable sentencing is too unreasonable.

2. Determination

A. We examine ex officio (the defendant A) prior to the judgment on the grounds for appeal by the defendant A.

After the court of first, second, and third judgment was completed with respect to the defendant A, the court of original judgment sentenced the defendant A to each punishment. The defendant A filed an appeal against the above judgment. The court decided to consolidate the above appeal cases. Each of the offenses listed in the judgment below in the first, second, and third judgment against the defendant A is concurrent offenses under Article 37 of the Criminal Act and Article 38 of the Criminal Act is a concurrent offense.

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