폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)등
1. The part of the lower judgment against Defendant A, C, and B shall be reversed.
2. The defendant A shall be punished by imprisonment with prison labor for one year and six months;
3...
1. Summary of grounds for appeal;
A. The prosecutor’s sentencing (Defendant A: imprisonment of one year and six months; imprisonment of one year and six months; imprisonment of one year and six months; imprisonment of one year and six months; suspended execution of three years; imprisonment of one year and one year and one year of suspended execution of one year and two years of suspended execution) on the Defendants on the grounds of unfair sentencing by the prosecutor is too unreasonable and unfair.
B. As of June 21, 2007, as of June 21, 2007, Defendant A and B’s temporary release from H’s assertion of misunderstanding of facts as to the timing of forming a criminal organization or misapprehension of legal principles, there was no fundamental change in the group or organization called a e-mail and a e-mail thereafter. Therefore, it cannot be deemed that the e-mail, which is a new criminal organization, was constituted on June 21, 2007.
C. The fact-finding or misunderstanding of the legal principles as to Defendant B and C’s criminal organization is justified in light of the size and nature of the region, and the post-management of the region and the post-management of the school are unreasonable, and thus, it did not reach the criminal organization.
Defendant
The Defendants’ assertion of misunderstanding of facts or misunderstanding of legal principles with regard to the activities of a criminal organization A and C is difficult to view that the Defendants were engaged in activities to maintain, maintain, and strengthen the existence of a criminal organization, as they are not subject to interest or by exercising the power of a criminal organization.
Defendant
C was unaware of the fact that the truth-finding was a criminal organization at the time of accession.
E. The lower court’s sentencing on Defendant A, C, and B’s assertion of unfair sentencing is too unreasonable.
2. Determination
A. We first examine whether a criminal organization is a criminal organization or not.
In light of the fact that the crime group is different from a legitimate organization, and the continued association as an organization is somewhat unstable due to its characteristics, and even if the command system seems not to be clear inside and outside of the country, the relationship among the members was assembled, such as the clibity or punishment, and the clibity pursuant to the special rules is formed, and the power as an organization or group is displayed.