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The prosecutor's appeal is dismissed.
Reasons
1. In light of the purport of the grounds for appeal: (a) the Defendant’s act is an act to establish the internal discipline of the organization and constitutes a member of a criminal organization, and constitutes an act to establish the internal discipline of the organization, in view of the following: (b) protective confinement of the victim by means of establishing the internal discipline of the organization; (c) transfer of the victim’s place to the organization; and (d) the Defendant actively took part in the crime by taking a bath against the victim; and (d) the Defendant’s act constitutes an act to establish the internal discipline.
Nevertheless, the lower court acquitted the Defendant on this part of the charges on the ground that the Defendant’s act does not constitute a member of the criminal organization.
Therefore, this part of the judgment of the court below has affected the conclusion of the judgment due to mistake of facts and misapprehension of legal principles.
2. Determination
A. The summary of the facts charged is a criminal organization organized by combining P with the two members with the purpose of responding to the “M”, which is an existing violent organization in Mapopo-si, and the “M” and the “Smpha-si,” which is an existing violent organization in Q in Q around the end of 1988, as a main axis, to determine some of the union members of P, who were engaged in activities in Qu near the end of the 1988, as a new organization.
Hmph, which is a violent organization, hmphth, she shall be subject to conditions at the end of the ship. The 90-lanes of the ship, and hmpha, the area of the ship, and hmpha, when she fights with employees of the counter-frequency violence investigation group, she is salved and salved.” was conducted by the Code of Conduct by setting the one-day amusement shop as the main activity stage, and by revolving the amount of money.
After that, Hmphs are involved in the operation of entertainment establishments and game rooms by expanding the activity stage to the vicinity of the U.S. In the future, contact between the members is constantly exchanged, and dispute is raised from other competitive violent groups or the leading authority.