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(영문) 부산고등법원 2016.09.28 2016노428
폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)등
Text

All appeals filed by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court’s sentence against Defendant A (one year and six months of imprisonment) is too unreasonable.

B. Defendant B (1) misunderstanding of the facts or misapprehension of the legal doctrine, ① the Defendant is not the Fm leader, which is a criminal organization; ② the Defendant’s assaulting the Victim G or K cannot be deemed an individual case to be the activity of the criminal organization; ③ the Defendant voluntarily surrenders to the investigative agency, and thus, the legal mitigation should be made.

2) The sentence of the lower court’s sentence (five years of imprisonment) against an unjust defendant is too unreasonable.

(c)

The sentence of the lower court against Defendant B by the Prosecutor is too unhued and unreasonable.

2. Determination

A. The fact that the Defendant recognized the instant crime against the Defendant A and against himself, that there was no actual violence at the time of the instant case, that there was no emphasis on the degree of the Defendant’s participation, and that there was a family member to support the Defendant.

However, the crime that is planned and organized by a criminal organization or group is much more serious than the crime that is personally committed, and in light of its risk, it is necessary to severely punish citizens regardless of whether the general public actually and specifically damaged the crime, and the defendant can have the record of being punished by violent crimes, and even if he was sentenced to a suspension of execution for one year and three years and six months, he committed the crime in this case during the suspension of execution, even though he was sentenced to a suspension of execution for a violation of the Punishment of Violences, etc. Act (the organization and activities of organizations, etc.) on August 201, he was sentenced to a suspension of execution for a period of one year and three years and six months, the crime in this case was committed during the suspension of execution. In full consideration of all the sentencing conditions in the arguments in this case, such as the defendant's age, career, sex, environment, motive and circumstance of the crime, means and method of the crime, and the circumstances after the crime, the sentence imposed by the court below against the defendant was excessively exceeded discretion.

It does not appear.

B. Defendant.

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