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(영문) 서울고등법원 2012.11.15 2012노3303
폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)
Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A As to the crime of Category A 1 and Section 2.

Reasons

1. Summary of grounds for appeal;

A. The sentence that the court below sentenced the defendants to the defendants (the defendant A: imprisonment with prison labor for one year and two years for the crimes in the first and second crimes in the judgment of the court below, and imprisonment with prison labor for one year, three years and additional collection for the crimes in the second and second crimes in the judgment of the court below) is unfair.

B. The sentence imposed by the court below on Defendant B is too unfased and unreasonable.

2. The crime committed by the board organization has the characteristic that it is a systematic and continuous combination of many people who have committed a crime, and its constituent members tend to be more plehy and have an interview compared to the ordinary crime. For that reason, the crime is committed by ordinary citizens, who are not the direct victim of the crime, but the victim of the crime, also feel extreme anxiety and fear due to such crime, and threatens the maintenance of social community legal order and peace. Thus, the crime committed by the Defendants in violation of the Punishment of Violences, etc. Act (the composition and activities of organizations, etc.) by joining the criminal organization or acting as its constituent members, regardless of whether it actually and specifically damages the general public.

In addition, on January 21, 2011, Defendant A was sentenced to 10 months of imprisonment with prison labor for a crime of violating the Juvenile Protection Act, etc. by the Incheon District Court.

6. 29. The above judgment becomes final and conclusive, and the same year.

9. On the other hand, one month after the completion of the execution of the sentence on 16.16. The violation of the Punishment of Violences, etc. Act (Organization and activity of organization, etc.) under Article 2-b of the Criminal Act as stated in the judgment of the court below was committed. In the case of Defendant B, in addition to the crime of violation of the Punishment of Violences, etc. Act (organization and activity of organization, etc.), even though there was three times of imprisonment with prison labor and one time of suspended execution due to the crime of violation of the Punishment of Violences, etc. Act, even though there was a record of having been sentenced one time of imprisonment with prison labor due to the crime of violation of the Punishment of Violences, etc. Act (joint assault) and one year of imprisonment and two years of suspended execution.

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