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(영문) 광주고등법원 (전주) 2014.04.01 2014노18
폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)등
Text

The judgment below

Of the lower judgment on the Defendant A, No. 1 of the case No. 2013 Gohap71

A. Crimes and the lower court’s judgment 2013Gohap152.

Reasons

1. Defendant A: The judgment of the court below on the summary of the grounds for appeal No. 2013Gohap71

A. It is unfair that the imprisonment with prison labor for one year and two years, and one year and six months, six months, and one year and six months, six months, and one year and six months, six months, and one year and six months, respectively, is too unreasonable for each of the crimes in the judgment of the court below as to the crimes and the crimes in the Case No. 2013

2. Of the judgment below, Article 1-1 of the judgment of the court below as to Defendant A

A. Before determining ex officio on Defendant A’s assertion of unfair sentencing on the part concerning the crime and the crime in the judgment of the court below 2013 Gohap152, the lower court, on January 17, 2013, held that the said Defendant was sentenced to a suspended sentence of three years on April 20, 2013 by imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective injury, deadly weapons, etc.) in the military support of the Jeonju District Court on January 17, 2013 (hereinafter “the said judgment”), and that the said judgment became final and conclusive on April 20, 2013 (hereinafter “the second final and conclusive judgment”), the first decision in the case of the lower court 2013 Gohap71

A. A. A crime [the crime of violation of the Punishment of Violences, etc. Act (the composition and activities of an organization, etc.) around October 2009; hereinafter referred to as "criminal organization joining the crime] and the crime of violation of the Punishment of Violences, etc. Act (the joint injury) committed by the lower court [the crime of violation of the Act on February 8, 2013; hereinafter referred to as "joint injury"] committed by the second final judgment and the latter part of Article 37 of the Criminal Act are deemed to be in the relation of concurrent injury under Article 38(1)2 of the Criminal Act with regard to the crime of joining the criminal organization and the crime of joint injury (one year of imprisonment and two years of suspended execution].

However, according to the record, Defendant A was sentenced to a suspended sentence of two years in August 10, 2010 to imprisonment with prison labor for the obstruction of performance of official duties, etc. at the Gunsan Branch of the Jeonju District Court on August 10, 2010, and the judgment became final and conclusive on the 18th of the same month (hereinafter “the first final and conclusive judgment”), and so, the Act on the Punishment of Violences, etc. for Joining Criminal Organizations around October 209.

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