A. In other words, “D” is not a de facto criminal organization.

Even if D actually exists, the defendant did not have been involved as a leader of the organization and activities of the above criminal organization.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal principles, which found the Defendant guilty of each charges of this case, thereby adversely affecting the conclusion of the judgment.

B. The punishment of the lower court (six years of imprisonment) is too unreasonable.

2. Determination

A. 1) The summary of the judgment of the court below as to the assertion of misunderstanding of facts and misapprehension of legal principles was also asserted in the court below to the same effect as the grounds for appeal in this part, and the court below determined as follows based on the evidence duly adopted and investigated by the court below.

(A) 1 Former members of the action group

BB 등은 이 사건 원심 법정 및 D 조직원들에 대한 관련 사건의 법정에서 각 D의 구성 내지 가입사실을 자백한 점, ② 행동 대원 AH, AJ은 경찰 또는 검찰 조사에서 피고인이 조직원들의 단합을 위한 ‘CM 펜 션 모임 ’에서 조직원들에게 “ 우리 식 구들끼리 똘똘 뭉쳐서 잘 해보자. 그리고 우리 식구들은 막내들이 너무 없다.

There is a fact that there is a rumor that reads “Surver d. so far as possible.”

In full view of the fact that: (a) in the police investigation, AH states that: (b) in the court of the relevant case, AM states that the purpose of the dormitory life of each D; (c) in the court of the relevant case, AM states that the Defendant, G, H, and H’s employees, who were the executives of D at CX EM clubs, came to contact the lower-class members of H, and that H used violence by entering the lower-class members into the said club; and (d) certain members of the group used the name “S” by mistake of the lower-age group members; and (b) as such, D’s two items, wharf trees G, behavior registers, H, and the following: