The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for two years and for one year and six months, respectively.

1. Summary of grounds for appeal (unfair sentencing)

A. The sentence that the court below sentenced the Defendants to the Defendants (two years and six months of imprisonment, and two years of imprisonment) is too unreasonable.

B. The sentence imposed by the Prosecutor by the lower court to the Defendants is too uneasible and unreasonable.

2. Ex officio determination

A. Of the facts charged in this case, the lower court’s judgment is as follows.

2)가)항에 해당하는 부분에 대하여, 원심은 이를 모두 유죄로 인정하여 피고인들이 범죄단체인 C파 구성원으로서 후배 조직원의 안면 부위 등을 때리거나 후배 조직원에게 지시하여 다른 후배 조직원에게 이른바 ‘빳다’를 친 것이 위 폭력 범죄단체의 존속ㆍ유지를 위해 활동한 것으로서 폭력행위 등 처벌에 관한 법률(이하 ‘폭력행위처벌법’이라 한다) 제4조 제1항이 정한 범죄단체 활동죄에 해당한다고 판단하였다.

B. Article 4(1) of the Punishment of Violences Act provides that a person who forms a criminal organization or joins a criminal organization shall be punished as well as a person who acts as a member of a criminal organization. Paragraph (2) of the same Article provides that a person who acts as a member of a criminal organization shall be punished as an individual criminal act committed by the members of the criminal organization. Paragraph (3) of the same Article provides that a person who is essential for the continuous existence of a criminal organization shall be punished, and Paragraph (4) of the same Article provides that a person who acts as a member of the criminal organization

On the other hand, Article 4 (1) of the Punishment of Violences Act prior to the amendment by Act No. 7891 of March 24, 2006 was only punished for the formation of a criminal organization or joining act, but not for the activities as a member of the criminal organization. The precedent was interpreted as immediately establishing a criminal organization or joining the criminal organization, and it was interpreted as an immediate crime that is completed at the same time after joining the criminal organization.