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The judgment below
The part of the defendant D against the defendant is reversed.
Defendant
As to the first and second crimes of sentence against D.
Reasons
1. Determination as to Defendant A, B, C, and E
A. As to Defendant A’s assertion of misapprehension of the legal doctrine, Defendant A’s assertion that the Defendant did an act as stated in paragraph (1) of the facts constituting an offense as indicated in the lower judgment cannot be deemed to be “act” of a criminal organization. 2) The Defendant also asserted the same purport in the lower judgment.
First of all, the lower court determined that the Defendant and Co-Defendant B’s series of acts committed by the Defendant and Co-Defendant B based on the facts and facts known therefrom, which were acknowledged by comprehensively taking account of the adopted evidence, constituted an active act aimed at maintaining and maintaining a criminal organization’s existence and maintenance in accordance with the organization and collective decision-making.
Examining the judgment of the court below in a thorough comparison with the evidence duly adopted and examined, the judgment of the court below is justified, and there is no error of law by misapprehending the legal principles as to "activities of crime organizations" as alleged by the defendant and defense counsel.
The defendant and defense counsel's assertion are not accepted.
B. According to the evidence submitted by the prosecutor, the prosecutor's allegation of misunderstanding of facts against the Defendant A and C (the part not guilty in the original trial) 1, as indicated in the facts constituting the crime in the judgment below, ① at the time when the Defendant A, B, and D jointly inflict an injury on the Defendant AG, as described in paragraph (2) of the crime in the judgment below, the Defendant C also inflicted an injury on the victim jointly with other accomplices at the site of the Defendant C, and ② at the “BJ points” located in Masung on October 25, 2011 at the time when the Defendant A inflicted an injury by assaulting the victim and injuringing the victim at the “BJ points” located in Masung on October 25, 201, and thereby inflict an injury upon the victim’s body at the time of drinking and launching. However, the lower court did not participate in each act of violence.