[폭력행위등처벌에관한법률위반][공1993.1.15.(936),305]
Whether the organization of an organization under Article 4 of the former Punishment of Violences, etc. Act (amended by Act No. 4294 of Dec. 31, 1990) is an immediate crime (affirmative)
The organization of an organization, etc. under Article 4 of the former Punishment of Violences, etc. Act (amended by Act No. 4294 of Dec. 31, 190) shall be established immediately by organizing an organization or group with the purpose of committing a crime prescribed in the same Act, and shall not be so-called an immediate crime completed simultaneously.
Article 4 of the former Punishment of Violences, etc. Act (amended by Act No. 4294 of Dec. 31, 1990); Article 252 of the Criminal Procedure Act
Supreme Court Decision 76Do3267 delivered on December 14, 1976 (Gong1977,9821) 91Do3192 delivered on February 25, 1992 (Gong192,1211)
Defendant
Prosecutor
Gwangju High Court Decision 91No1182 delivered on July 10, 1992
The appeal is dismissed.
The Prosecutor's grounds of appeal are examined.
The organization of an organization, etc. under Article 4 of the former Punishment of Violences, etc. Act (amended by Act No. 4294 of Dec. 31, 190) is established by forming an organization or group for the purpose of a crime under the same Act, and at the same time, it is not a so-called immediate crime that is completed by forming an organization or group for the purpose of a crime under the same Act, and the so-called crime is not a continuous crime as alleged (see Supreme Court Decision 91Do3192 delivered on Feb. 25, 1992). It is not acceptable to criticize the judgment of the court below that there is
Therefore, the prosecutor's appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.