폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)
The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B Acquittal. Appeal by Defendant F and Prosecutor.
1. Summary of grounds for appeal;
A. Article 4(1) of the Act on the Punishment of Violences, Etc. provides that an act of forming, or joining, an organization aimed at committing a criminal act under this Act shall be punished. “Joining” is an immediate crime, while “act” is committed on the other hand, on the premise of joining. Thus, an act of joining a criminal organization and an act of joining a criminal organization shall be deemed to constitute a separate crime.
Nevertheless, the court below rendered a judgment of acquittal or dismissal of public prosecution against Defendant A, B, D, E, H, I, J, K, or L (hereinafter “ Defendants”) by deeming that the membership and activities of a criminal organization constitute a comprehensive crime, by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.
B. The lower court’s sentence (one year of imprisonment) against Defendant F (unfair sentencing) is too unreasonable.
2. Determination
A. The formation or joining of an ex officio judgment-making criminal organization is intended to act as a member of a criminal organization regardless of the implementation of a criminal act, and its activities as a member of a criminal organization are naturally premised on the formation or joining of a criminal organization. Thus, both parties can recognize the unity and continuity of the criminal’s criminal intent in that it constitutes a series of preliminary and conspiracy processes for the formation, continuation, and maintenance of the criminal organization, and that it constitutes a series of preliminary and conspiracy processes for the criminal act, as well as
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 view that Defendant B was sentenced to imprisonment with prison labor at Suwon District Court for one year (the Suwon District Court 2016 Gohap 59), and Defendant B appealed on May 2, 2017, based on the criminal facts that he/she joined S. In light of the records of this case, Defendant B was sentenced to imprisonment with prison labor at Suwon District Court (the Suwon District Court 2016 Gohap 59).