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All of the appeals by prosecutors are dismissed.
Reasons
1. The decision of the court below on the gist of the grounds of appeal is unreasonable because it is too unfasible that the defendants were exempted from punishment.
2. The crime of this case is the case in which the Defendants expressed their intent to join the “CP”, which is a criminal organization, and became a member of the meeting.
Criminal organizations are likely to commit crimes easily due to their violence and collective nature, and thereby, they may seriously harm the peace and safety of society. Therefore, crimes related to criminal organizations need to be punished strictly.
Such a point is disadvantageous to the Defendants.
On the other hand, the Defendants showed the attitude to recognize and reflect all their crimes.
Although the defendants joined the "CmP", the defendant B seems to have been living as a member of the company without being active as a member of the crime group, and the defendant A is expected not to act as a member of the crime group in the future.
After the crime of this case was committed on February 29, 2016, the Defendants recommended others to join the Damph, and each of them was sentenced to a suspended sentence of three years and one year and four months and three years and one, and three years and four months and one of them was sentenced to a suspended sentence as a result of the crime of violation of the Punishment of Violences, etc. Act (the composition and activity of an organization, etc.) entered in the judgment of the court below, and the judgment becomes final and conclusive. The Defendants’ crimes of this case and the first head of the judgment of the court below as stated in the judgment of the court below are concurrent crimes under the latter part of Article 37 of the Criminal Act, and there is a need to consider equity in the case of concurrent crimes under Article 39(1) of the Criminal Act.
However, each of the above final judgments stated the purport that the Defendants joined the Crap, which is a criminal organization, and such fact seems to have been considered in sentencing, so even if the judgment was rendered simultaneously with each of the crimes stated in the judgment that became final and conclusive.