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(영문) 광주고등법원 (전주) 2018.04.10 2017노240
폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one and half years of imprisonment for each of the defendants) is too unreasonable.

B. The lower court’s each prosecutor’s sentence is too uneasible and unreasonable.

2. Before determining the grounds for appeal against the judgment below by the defendant and prosecutor ex officio, each case of the judgment of the court below was consolidated in the appellate court, and each crime of the judgment of the court below against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and a single punishment should be sentenced in accordance with Article 38 of the Criminal Act. Thus, the judgment of the court below cannot be maintained any more.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant and the prosecutor, and the judgment below is reversed in its entirety and it is decided as follows through pleadings.

[Grounds for a new judgment] The criminal facts and the summary of evidence against the defendant recognized by this court are as follows: Article 369 of the Criminal Procedure Act provides that "joint injury" of the first instance judgment No. 2 is "joint assault"; Article 8 of the second instance judgment No. 2 provides that "the defendant's partial statement" of the second instance judgment No. 8 of the second instance judgment is "the defendant's statement in this court"; thus, it is identical to each corresponding column of each corresponding judgment of the court below.

Application of Statutes

1. Article 4 (1) 3 of the Punishment of Violences, etc. Act (referring to joining a crime organization and conducting activities comprehensively), Article 4 (2) 2 and Article 2 (2) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act (the point of joint assault by an organization, etc.), Articles 261 (1), 260 (1), and 30 of the Criminal Act, Article 2 (2) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (the point of joint assault by an organization, etc.), Article 260 (1), and 30 of the Criminal Act, Article 2 (2) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (the point of joint injury)

1. Articles 40 and 50 of the Criminal Code of Trade and Trade.

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