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The judgment below
The guilty portion shall be reversed.
A defendant shall be punished by imprisonment for not less than eight months.
The judgment below
Part of acquittal.
Reasons
1. Summary of grounds for appeal;
A. The essence of this case is that the prosecutor [misunderstanding of facts as to the violation of the Punishment of Violences, etc. Act (the composition and activity of an organization, etc.)] is a violent crime for the purpose of retaliation against the victim. In fact, multiple violence was committed at the scene of G organization L, etc., and the police were arrested by the assistant, and the defendant also distributed the role as an assistant of a criminal organization, such as aiding and abetting at the scene or aiding and abetting internal attitudes. In light of the above, this part of the facts charged should be found guilty.
B. Defendant (as to the special injury), the sentence of the lower court (one year and six months of imprisonment) is too unreasonable.
2. Judgment on the prosecutor's assertion of mistake of facts
A. A. A summary of the facts charged 1) At around 11:30 on July 17, 2017, H, which is a fundamental fact G, was a traffic accident occurred in front of J in Gunsan City I, and at the same time called to the above site, K, who called to the above site, did not have personnel. During that process, H, who called to the above site, had K take care of the face of K as drinking. During that process, K, as described in paragraph (1) of the above Article, H, who was a public invitation for the activities of a criminal organization, was a assault to himself/herself during the course of assaulting K, and from around 11:32:0 on July 17, 2017, h, who was called to “1:50 on July 11:32, 2017, to contact the above general personnel with L, who was operating the above G, and 2:5:50 on July 2, 2017, to instruct the above general personnel, etc.
3) Around July 17, 2017, H orders L to mobilize later steering staff at the three-distance prior to the above J on July 17, 2017, and H orders to do so on July 18, 2017. The O orders on July 18, 2017.