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(영문) 서울고등법원 2014.04.04 2013노3602
폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)
Text

The judgment below

Part concerning Defendant A, B, and C shall be reversed.

Defendant

A. B, Defendant B, and C, in imprisonment of two years and six months.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below that judged that the defendant was acting as a member of the organization of the Union Saemaul, and was engaged in the temporary trade between the Ansan District Department and the Seoul Saemaul Movement Organization as follows, but the defendant was erroneous in misunderstanding of facts. ① Most of the members of the group of the group of the group of the group of the group of the community of the community of the community of the Union, which was admitted at the time of its formation, followed CY, and the defendant was under the direction and direction of CY after its accession, and the defendant was under the direction and direction of CY, and the defendant was still under the influence of the defendant. ② The group of the community of the Republic of Korea was under the direction of the Seoul organization, and was not under the direction and direction system and did not have an independent act. ③ The division of the community of the Republic of Korea was under the direction of the Seoul organization. ③ The number of the members of the group of the group of the group of the community of the Republic of Korea

B. The sentence of Defendant B and C (one year and six months of imprisonment) by the lower court is too unreasonable.

C. Of the facts charged by the prosecutor, the part of the Defendant A, B, and D’s act committed by the Defendant A, B, and D, which was landed around January 2009, constitutes “activities” as a member of the criminal organization for the following reasons even though GU, which requested assistance, is not a member of the group of the members of the group of Saemaul Korea, but is not a member of the group of members of the group of members of the group of members of the group of members of the group of members of the group of members of the

① Defendant A’s instructions given by W to follow-up officers are an act performed in accordance with the internal regulations and the command system of the organization.

(2) An act of not finding the other party with knowledge of the occurrence of a situation of several members of the organization with an extension of a passenger car constitutes an act for the purpose of establishing and maintaining a ties relationship with local forces, and an act for the purpose of maintaining and maintaining the existence of a criminal organization.

(3) The GU requesting assistance shall be aboard.

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