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(영문) 대법원 2014.02.13 2013도12804
폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)등
Text

All appeals are dismissed.

Reasons

1. As to the prosecutor's grounds of appeal

A. (1) As to the organization of the Defendants of the crime group, even if the nature of the crime group differs from a legitimate organization, and it seems that the crime group appears to be somewhat unstable in its continuous unity as an organization due to its nature, and that the common system is not clear inside and outside of the country, the relationship among the members was assembled in accordance with the special rules, and the group was formed through a command pursuant to its own rules, and it has many cases of exerting power as an organization or group. In light of the common purpose of Article 4 of the Punishment of Violences, etc. Act, the term "organization for the purpose of crime" is a continuous combination consisting of many specified persons, and is equipped with a minimum common system that leads the organization or maintains internal order.

Furthermore, since such criminal organizations can be established and continued in various forms, it is not required to be sentenced to punishment, it does not necessarily require special procedures such as the formation of organization or enrollment.

(see, e.g., Supreme Court Decisions 97Do1829, Oct. 10, 1997; 2009Do9484, Jan. 28, 2010). Inasmuch as the organization of a criminal organization refers to the formation and establishment of a new criminal organization by using an existing criminal organization, the organization must be reconvened in the state of the dissolution or dissolution of the existing criminal organization, or a separate criminal organization from the existing criminal organization, or a separate criminal organization from the existing criminal organization, by absorbing or combining another criminal organization, so that the organization of the organization is completely changed and its organization can be recognized as a separate organization that is not identical with the existing criminal organization.

Supreme Court Decision 201 June 11, 2009

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