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(영문) 부산지방법원 2018.04.27 2018고합92
폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal records] On March 31, 2017, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint injury) at the Busan District Court, and the above judgment became final and conclusive on July 21, 2017.

[2] The crime committed by BOmb is a violent crime organization established with the objective of securing economic benefits by taking the lead from the Busan regional violence world and by participating in various interests, based on its major revenues such as the PP Dong, the Shipping Daegu, the East-gu BY, the Gu BR Dong, the Geum-gu BS Dong, the Geum-gu BS, the Busan Jin-gu BN, etc.

On January 1, 2017, the Defendant would be able to take personnel in the Busan detention house meeting room located in the Busan So-gu, Busan, and upon the recommendation of BX(89 birth) which is the organization of BOmm, to HL (88 students) which is the organization of BOm.

N. N.N., D.

“Along with the 90-road Domination,” he joined the BO strike by using a large voice.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the prosecution with respect to HM;

1. Recording records of the contents of the unmanned interview with D prisoners (No. 19 of the evidence list);

1. Previous convictions in judgment: Inquiry about criminal history, reporting of investigation (Attachment of judgments on suspects D), and application of Acts and subordinate statutes attached thereto (Evidence List 48 to 50);

1. Article 4 (1) 3 of the Punishment of Violences, etc. Act concerning a crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Determination as to the defendant and his/her defense counsel's assertion under Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of small amount

1. The Defendant, not BO strike, joined “HNm” or “HOm wave,” a criminal organization unrelated to BOm wave.

2. According to the evidence duly adopted and examined by this court, the fact that BX, which solicited the Defendant to join the criminal organization, was recognized as a ground for the organization of BO (BX was a member of HP during BO and transferred to H Q, and H Q also moved to H Q.

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