A. On the part of the Defendants’ organization of the crime group, (1) The crime group is organized by a group of specified persons under the collective purpose of Article 4 of the Punishment of Violences, etc. Act, in light of the following: (a) even if it appears that the continuous unity as an organization is somewhat unstable due to the nature of the crime group, and that the common system is not clear inside and outside of the country, the relationship between the members is formed by a ship, ship, punishment, or ice, and the group is formed in accordance with the special rules, and the group exercises its power as an organization or group; and (b) the group has a minimum system to lead the organization or maintain internal order. The crime group can be established and continued in various forms, and so long as it does not require a regular punishment, it does not necessarily require a special procedure such as the name or strong order of the organization or joining the organization, and the formation of the organization or joining the organization.

(see, e.g., Supreme Court Decisions 97Do1829, Oct. 10, 1997; 2009Do9484, Jan. 28, 2010). However, since the organization of a criminal organization refers to the formation and establishment of a new criminal organization by means of an existing criminal organization, if an existing criminal organization forms a new criminal organization by means of an existing criminal organization, and its organization is reconstructed, it can be recognized as a separate organization that is not identical with the existing criminal organization by wholly changing the organization.