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(영문) 부산고등법원 2016.09.21 2016노382
폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (one and half years of imprisonment, two years of imprisonment, and two years of suspended sentence in one year of imprisonment) is too unreasonable.

2. Determination

A. The Defendants recognized the instant crime against Defendant A and B and expressed in depth that they did not directly exercise violence against the victims, the victims expressed their intent not to have the offender punished in the relevant case against the accomplices. In the first instance trial, the Defendants separately agreed with the victim AE and deposited KRW 1 million for the victim AD, the Defendants voluntarily surrendered and cooperate with the investigation, and the fact that there are family members to support the Defendants is favorable to the Defendants.

However, a crime that is planned and systematically committed by a criminal organization or group is much more serious than the crime that is individually committed. In light of its risk, it is necessary to strictly punish the general public regardless of whether the general public actually and specifically damaged the crime. The Defendants have several records of punishment for violent crime, Defendant B was sentenced to a suspended sentence of three years for a violation of the Punishment of Violences, etc. Act (the organization and activities of organizations, etc.) and committed each of the crimes of this case during the suspended sentence of three years for a period of imprisonment in 2 years and six months, and others committed each of the crimes of this case during the suspended sentence of three years for a violation of the Act on the Punishment of Violences, etc., as a whole, the degree of the Defendants' participation in the crime, equity of punishment with the accomplices, age, career, sex, sex, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., the sentence of the court below against the Defendants exceeded discretionary power.

It does not appear.

B. Defendant G recognized the instant crime and is in profoundly against the Defendant G.

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