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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) misunderstanding of facts or misunderstanding of legal principles cannot be deemed as a criminal organization under Article 4(1) of the Punishment of Violences, etc. Act. Even if a criminal organization falls under a criminal organization, the Defendant did not act as a Cmphan executive officer of the Cmphan wharf. 2) The sentence (one year of imprisonment) sentenced by the lower court of unfair sentencing is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Determination
A. (1) As to the Defendant’s assertion of mistake of facts or misapprehension of legal principles, whether the crime group is a criminal organization or not) is different from a legitimate organization, and even if it appears that the continuous ties as an organization are somewhat unstable due to the characteristics of the crime organization, and that the common initiative system is not always clear inside and outside the country, the relationship between the members is cut down by a post-ship, a punishment, or a arche, and the group is formed in accordance with the special rules, and the power is displayed as an organization or group. In light of the fact that the term “organization for the purpose of crime” as provided in Article 4 of the Punishment of Violences, etc. Act is a group formed by a specific group under the common purpose of the crime committed by the above Act, and the organization can be established in various forms, and so long as it does not require a fixed term of punishment, it does not necessarily require the organization’s name or joining, and it does not require a clear formation of an organization or procedure for joining the organization.
(See Supreme Court Decision 2007Do7378 Decided November 29, 2007). (B) Taking full account of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court and the lower court, Cmpha shall be deemed to have the power of, and inflict injury upon, an organization.