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(영문) 부산고등법원 2018.12.20 2018노539
폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)등
Text

The judgment below

The part of the second crime (special injury) in the judgment shall be reversed.

As to the crime of paragraph 2 of the judgment of the defendant.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below (the crime of paragraph (1) in the judgment of the court below (the crime of paragraph (1) in the judgment of the court below: imprisonment with prison labor for one year and six months, and (2) in the judgment of the court of original instance: imprisonment with prison labor for six months) is too unreasonable.

B. The above sentencing of the lower court against the Defendant by the Prosecutor is too uncomfortable and unfair.

2. Determination

A. As to the crime No. 1 of the holding, the defendant led to confession and reflect on this part of the crime.

At the time of the defendant's activities as a member of a criminal organization, there was no physical conflict, and now there is no activity of a criminal organization.

These points are favorable to the defendant.

However, there is a high possibility of social criticism in terms of giving a large number of citizens with serious damage directly or indirectly and creating a sound social apprehension, in the event that violent crime by a member of a violent crime organization is committed habitually and professionally because it is likely to be committed habitually and professionally, and is committed by itself, based on the status of the organization.

In addition, the defendant has been punished several times for the same crime.

Considering the motive and background leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court appears to have determined the punishment within a reasonable scope, by fully taking account of the various circumstances, including the circumstances that the Defendant was able to file for appeal.

B. There are no special circumstances or changes in circumstances to change the sentencing of the lower court after the lower judgment.

This part of the judgment below's assertion that the sentencing of the defendant and the prosecutor are unfair is not accepted.

B. As to the crime of paragraph 2 of the judgment, the Defendant conspired with V to inflict an injury on the victim by carrying dangerous things.

In light of the law of crime and risk, the defendant's liability is the responsibility for the crime.

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