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(영문) 광주고등법원(전주) 2020.11.11 2020노142
폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment with prison labor for not less than one year and four months and by a decision of the original court for the crimes of Nos. 1 through 16.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Inasmuch as there was no fact that the Defendant had joined a PPP, the crime of violating the Punishment of Violences, etc. Act (the composition and activity of an organization, etc.) is not established. 2) The punishment sentenced by the lower court of unfair sentencing (one year and four months of imprisonment, one year and one year and two months of a short term, eight months of imprisonment, and a short term and six months) is too unreasonable.

B. Prosecutor 1) Although a fine is provided for a violation of the Road Traffic Act (unlicensed driving) due to driving a motorcycle without a license, the lower court erred by omitting the sentence of a fine in the disposition, thereby affecting the conclusion of the judgment. 2) The sentence imposed by the lower court of unreasonable sentencing is too uneasible and unfair.

2. Prior to the judgment on the grounds for appeal by the Defendant and the prosecutor ex officio, the Defendant, as H Q Q students, was sentenced to an irregular term of punishment by falling under “juvenile” as provided by Article 2 of the Juvenile Act at the time the judgment of the lower court was rendered, but it is apparent that the Defendant did not fall under the juvenile under the age of 19 and who was under the age of 19. As such, the lower judgment that sentenced the Defendant to an irregular term of punishment was no longer maintained.

However, despite the above reasons for ex officio destruction, the defendant's assertion of mistake of facts and violation of law by the prosecutor is still subject to the judgment of this court.

3. Judgment on the defendant's assertion of mistake of facts

A. Although the lower court rendered a judgment on June 20, 2019 with respect to the Defendant at the lower court’s original judgment, the lower court reversed and remanded the case on October 22, 2019 by the Gwangju High Court on the ground of infringement on the right to a participatory trial, etc. on the part of the Defendant’s first judgment, the lower court rendered a judgment that the Defendant did not want a participatory trial on July 8, 20200.

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