폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. Ex officio determination
A. We examine the Defendant’s improper assertion of sentencing ex officio prior to the judgment.
B. Article 4(1) of the Punishment of Violences, etc. Act provides that an act of forming, joining, or joining, an organization aimed at committing a criminal act under the Act shall be punished. The legislative intent is to prevent the creation and continuation of a criminal organization having the nature of preparation and conspiracy for the criminal act regardless of whether a specific criminal act has been committed (see Supreme Court Decision 2009Do2337, Jun. 11, 2009). The activity of a member of the criminal organization refers to an active act aiming at the continuation and maintenance of the criminal organization based on the internal discipline and collective decision-making based on the system of command and resolution (see Supreme Court Decision 2008Do10177, Sept. 10, 2009). In such a case, the composition or joining of the criminal organization is expected to engage in activities as a member of the criminal organization regardless of whether the criminal act has been committed, as well as to promote the formation of a single criminal organization and its legal interests and interests as a member of the criminal organization.
Therefore, if a person who forms or joins a crime organization acts as a member more than a member, it is in the relation of a single comprehensive crime.
It is reasonable to see (see Supreme Court Decision 2015Do7081, Sept. 10, 2015, etc.). C.
The court below ruled in the judgment below that the defendant joined Dolsung as an organization of a criminal organization as stated in the judgment of the court below, as stated in paragraph (1) of the facts constituting a crime.