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The judgment of the court below is reversed.
Defendant
A and C Imprisonment with prison labor for two years, Defendant B and D for one year and six months, and Defendant E.
Reasons
1. Summary of grounds for appeal;
A. In light of the Defendants’ participation in the instant crime and the fact that the victims of the instant case did not want to punish the Defendants, the lower court’s respective sentences against the Defendants (two years of imprisonment, two years of imprisonment, six months of imprisonment, one year and six months of imprisonment, and one year and six months of Defendant E, and one year of imprisonment) are too unreasonable.
B. In light of the importance of the instant crime committed by the prosecutor, the legislative intent of the penal provision on organized violence, etc., the lower court’s respective punishment against the Defendants is too uneasible and unreasonable.
2. We examine ex officio the reasons for appeal by the Defendants and the prosecutor prior to the determination of ex officio.
A. Article 4(1) of the Punishment of Violences, etc. Act (hereinafter “Act on Punishment of Violences”) provides that “A person who forms an organization or group aimed at committing a crime prescribed in this Act or who joins such an organization or group or acts as a member thereof.” The legislative intent of the above provision is to punish “a person who joins such an organization or group or who acts as a member thereof.” The degree of social maliciousity caused by a crime planned and organized by a crime organization or group is much more serious than that of an individual’s crime, and as long as the crime or group continues to exist and is maintained and maintained, the risk of crime or crime shall continue to exist, regardless of whether the crime has been committed.” The provision punishing “a person who acts as a member” under the above provision provides the grounds for punishing “a person who acts as a member” under the above provision, taking into account the fact that the crime of organizing or joining a criminal organization was immediately committed and the statute of limitations has been completed (see Supreme Court Decision 201Do637, Jun. 37, 2019).