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(영문) 대전고등법원 (청주) 2020.07.23 2020노64
폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.

2. If there is no change in the conditions of sentencing compared to the judgment of the court below, and the sentencing of the court below does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(2) The lower court determined the Defendant’s punishment by taking into account the following circumstances: (a) considering the circumstance favorable to the Defendant, under which the Defendant recognized the Defendant as committing the instant crime and committed a repeated crime; (b) considering that the instant crime was committed by the Defendant’s commission of violence or collective nature; (c) when the commission of a criminal organization commits violent crimes based on the organization’s status, it may directly and indirectly inflict serious damage on the victims of the instant crime as well as on the good citizens; and (d) in order to create a sound social anxiety, the risk of causing serious damage to the victims of the instant crime; and (e) in that sense, the Defendant was sentenced to imprisonment or suspension of execution on several occasions due to the instant violent crime before committing the instant crime; and (e) the Defendant committed the instant crime during the period of repeated crime; and (e) taking into account the circumstances, such as the Defendant’s age, character and behavior, the background, motive, and circumstances after committing the instant crime.

In full view of the matters, etc., which are the conditions for sentencing specified in the sentencing review process of the lower court, the lower court’s determination of sentencing cannot be deemed to have exceeded the reasonable bounds of its discretion.

The grounds for sentencing asserted by the Defendant are already considered by the lower court while determining the punishment, and unlike that, the appellate court did not have any new circumstances or changes in circumstances to be reflected in the sentencing, it is difficult to view that the lower court’s decision is unreasonable.

The defendant's assertion is not accepted.

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