[2] The case holding that the crime organization under Article 4 of the Punishment of Violences, etc. Act is a crime organization

[2] The case holding that if a person wishes to play a role with a certain organizational structure and use money, goods, etc. raised by the method as stated in the judgment below as its activity fund, and establish the basis for organization, action guidelines, and code of conduct, set out secret numbers in preparation for an unexpected incident so that he can immediately wait at as a result of an emergency call, and make him prepare deadly weapons in preparation for a fighting with a competitor force in preparation for a war with a competitive force, such act constitutes a crime organization under Article 4 of the Punishment of Violences, etc. Act as a combination with continuous and organizational tools in preparation for a war with a competitive force

Examining the reasoning of the judgment below in comparison with the records, the court below erred by misapprehending the legal principles on the selection of evidence or by misapprehending the rules of evidence on the premise that each of the facts charged by Defendant 1, 2, 3, 4, and 5, including Defendant 1, 1, 2, 3, and 3, Nonindicted 2, Nonindicted 3, 4, and 5, as the executives at the wharf level, as the executives at the behavior level, and the remaining non-indicted 3, 4, and 5, as the behavior group, including the above Defendants, was constituted, and Defendant 6, 7, and 8 was admitted as the action group at around January 5, 1995 ( obvious that it is a clerical error in the first instance court around January 5, 199); Defendant 1, along with Defendant 2, etc., committed a crime under Article 2, such as injury, assault, confinement, etc., on May 16, 1995, cannot be accepted.

The crime organization under Article 4 of the Punishment of Violences, etc. Act refers to a systematic combination with a continuous and minimum command system, which is formed by many specific persons, under the joint purpose of committing a crime under the same Act. As legally determined by the court below, the defendants and the non-indicteds, etc. share their roles with a certain organization and use money and goods raised in the manner as stated in their reasoning, etc. with the activity fund, and establish the basis for the organization, guidelines for action and code of conduct, and set out the code of conduct number in preparation for a sudden accident, allowing them to immediately wait in accordance with an emergency call-up, as well as inducing competition power to prepare deadly weapons in advance in preparation for a fighting with the competition force. Thus, if the court below tried to suppress the defendants by violence, it is a combination with a continuous and organized command system in preparation for a fighting with the competition force, and therefore, it constitutes a crime organization under Article 4 of the Punishment of Violences, etc. Act. Thus, it is just that the court below constituted the crime organization under the above Article or recognized that they joined the crime organization, and there is no misapprehension of legal principles.

Therefore, all appeals by the Defendants are dismissed, and part of the detention days after the appeal against Defendant 1 is to be included in the principal sentence as to the crime of Article 2-C of the first instance judgment of the above Defendant. It is so decided as per Disposition by the assent of all participating Justices.

Justices Lee Jae-soo (Presiding Justice)