(영문) 청주지방법원 2016.11.11 2016고합170

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 청주지방법원 2016.11.11 2016고합170

폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 1986, “C organization” has determined the division of duties by securing the positions of business head, manager, etc. of Cheongju-si E and F entertainment establishments, etc., and taking the actual management rights into command lines, H, I, etc. for the purpose of taking part in the right of management, and by setting the code of conduct, such as “the 90-party personnel and the 90-party personnel will be subject to the direction of the ship, the order of the ship’s worship, the order of the ship’s worship, the order of the ship’s worship, the order of the ship’s worship, the order of the ship’s worship, the order of the ship’s worship, the order of the ship’s worship, and the order between the assistant’s staff are strict, and when similar, the crime organization constitutes a violent organization with the aim of monitoring the appearance of the competition force and suppressing the competition force by using lethal weapons.

On May 2016, the Defendant: (a) was aware of the fact that the “C organization” was a criminal organization, and (b) wanted to join the C organization with the knowledge of the fact that it was a criminal organization; and (c) was admitted to the C organization 29 members of the C organization by reporting such fact to the vessel crew of the C organization on June 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement of the police concerning L;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to a written judgment) and a report on investigation (Attachment to a report, etc.);

1. Article 4 (1) 3 of the Punishment of Violences, etc. Act concerning a crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. The scope of applicable sentences by law: Imprisonment for one year to 15 years; and

2. Determination of sentence;

참조조문

-폭력행위 등 처벌에 관한 법률 제4조 제1항 제3호

유사 판례

-청주지방법원 2014.08.07 2009고합195

-청주지방법원 2013.12.20 2013고합134

-청주지방법원 2020.08.14 2020고합112

-청주지방법원 2014.01.23 2013고합190

-청주지방법원 2018.09.14 2018고합94