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(영문) 부산고등법원 2015.11.05 2015노294
폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)
Text

1. The part of the judgment below against Defendant B and I shall be reversed.

Defendant

B B Imprisonment with prison labor of one year and two months, Defendant I.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles (under the following, the name of "defendant" is used only for the defendant who falls under each item, and the remaining defendants shall be recorded only in their names. Defendant D) did not take part in the activities of live wave investigators' criminal organizations against lives officers, such as convening follow-up officers as described in the facts charged, or preparing for the attack against lives officers in the south-gu Busan Metropolitan City, Jung-gu, and lives, and then taking part in the activities of lives officers. Defendant AY's statements, a witness who is a separate witness, which the court below found as guilty, are not reliable. In addition, Defendant 5 was found not guilty on the ground that the aforementioned V cases and the facts charged were not identical to the above V cases and the Defendant should not be deemed as having known of any retaliation against lives and lives, and thus, Defendant 1 should not be found guilty of the facts charged against Defendant 2, a nearby 1, 2003 YB, based on its reasoning.

There is no objective evidence of the defendant's participation in the crime, and there is a statement of AY and AZ, the sole evidence, which is a witness of AY and AZ, but the statement of the above AY and AZ cannot guarantee credibility.

Nevertheless, the court below held that.

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