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(영문) 부산고등법원 2016.06.30 2016노121
폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)등
Text

1. The part of the judgment of the court below regarding the crime No. 7 of the judgment of the defendant C shall be reversed.

Defendant

C. The 7th offense in the judgment of the court.

Reasons

1. Determination of ex officio and on the grounds for appeal

A. (1) On July 25, 2011, the Defendants asserted that the Defendants were misunderstanding of legal principles or misunderstanding of facts (1) but at the time, at the time and place indicated in this part of the facts charged, the Defendants were placed in comparison with the field management staff of the field. However, at the time, Defendant A settled the dispute between Youngdo organization I and the Defendant B through dialogue, thereby taking the gas gun into consideration after the completion of a large state.

In addition, the Defendants conspired with H to act as a member of the 20th century by threatening the employees of the field, such as the above I in collusion with H, and there was no threat of the above I, etc. at the same time as a member of the 20th century.

Nevertheless, the lower court found the Defendant guilty of this part of the facts charged by misapprehending the legal doctrine regarding the activity of members of a criminal organization or the establishment of intimidation.

(b) The act of taking gas guns out in a situation of urgency A by Defendant A can be seen as a legitimate defense.

It is also a result of misunderstanding the fact that the first instance court collected 46 million won for the brokerage of sexual traffic in Defendant B, or misunderstanding the legal principles on prosecution.

(2) The court below rejected the Defendants’ above assertion, including the detailed statement, and found the Defendants in collusion with H that they act as gas guns, which are dangerous objects in the large state of the members of the field, such as I, and as members of the field in the 20th century and threatened each of the above I, etc.

Examining the records in comparison with the evidence duly admitted and examined by the court below and the court below, the judgment of the court below is legitimate, and the defendants' above assertion is not accepted.

In addition, Defendant A's act by putting the gas gun out while putting the other party's violent assistant with the other party's staff, is a considerable act to defend the current illegal infringement against himself or other person's legal interests.

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